Friday, December 20, 2013

NC Supreme Court Criminal Decision, Dec. 20, 2013.

State v. Franklin. Per curiam affirmed, 3-3 (no precedential value). -- Malik Franklin, Mecklenburg County, Judge Lewis.

Post on Decision Below: State v. Franklin. Mecklenburg County.  Appeal of trafficking conviction. -- Malik Franklin.

Defendant was a passenger in a car during a stop for a seat belt violation. Trial court found that consent was given for search (which was disputed).

Held: Search: Defendant had no standing to challenge the search of the car, because he was a passenger. Stop: was valid and no evidence of pre-text. Was not unlawfully prolonged, as total duration was only 10 minutes.

Dissent by Elmore: Stop was pre-textual and unconstitutional.

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