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North Carolina v. Battle3/16/1993
GREENE, Judge.
The State appeals, prior to trial and pursuant to N.C.G.S. § 15A-979(c), from the trial court's order granting defendant Thomas Battle, Jr.'s motion to suppress evidence obtained by the State as a result of an investigatory stop of his vehicle.
On 9 December 1990, defendant was arrested for driving while impaired following an investigatory stop of his vehicle by Goldsboro Police Officer Jeff Beekin (Officer Beekin), who stopped defendant pursuant to a radio report from fellow Officer Dennis Harmon (Officer Harmon). After his arrest defendant was transported to the police station for a breathalyzer test. The results of this test showed a blood alcohol level of .16. Defendant was tried and found guilty of driving while impaired in district court, and gave notice of appeal to the superior court. Defendant entered a plea of not guilty in superior court and filed a motion in limine to suppress the evidence from the breathalyzer test and all other evidence obtained from the stop of his vehicle by Officer Beekin. After hearing voir dire testimony on 5 August 1991, the trial court made the following pertinent findings of fact:
4. That Officer Dennis Harmon of the Goldsboro Police Department responded to the radio dispatch to go to the washerette . . . to investigate a public disturbance.
5. That Officer Harmon went to the washerette and noticed that the defendant was seated behind the steering wheel of a red colored four-door Pontiac automobile parked in the parking lot of the washerette.
6. That Officer Harmon went up to where the defendant was parked and asked the defendant [to get] out of the vehicle and the defendant complied.
7. That Officer Harmon noticed an odor of alcohol on the defendant's breath.
8. That Officer Harmon had the defendant perform two field sobriety tests: Finger-to-nose test and a sway test.
9. That the defendant performed poorly on both tests.
10. That Officer Harmon told the defendant not to drive the automobile because in the officer's opinion, the defendant was impaired by alcohol.
11. That there were at least three other people standing in and about the vehicle which the defendant was seated while the officer was present.
12. That Officer Harmon then drove his vehicle from the washerette parking lot leaving the defendant and the other men standing near the defendant's vehicle.
13. That Officer Harmon radioed . . . Officer Jeff Beekin, who was on routine patrol, and informed Officer Beekin to be on the lookout for a red four-door Pontiac automobile with the license plate number of the automobile in which the defendant was sitting.
14. That approximately five to seven minutes after receiving the call, Officer Beekin, while on patrol, saw an automobile fitting the description given by Officer Harmon leave the parking area of the washerette and drive onto a public street.
15. That Officer Beekin drove his patrol vehicle up behind the red Pontiac and noticed the vehicle had the same license plate number as the automobile described by Officer Harmon.
16. That Officer Beekin followed the automobile for approximately four blocks and did not observe anything unusual about the operation of the automobile.
17. That Officer Beekin observed four people riding in the automobile.
18. That Officer Beekin stopped the automobile and found the defendant to be the driver and placed him under arrest for driving while impaired.
Based on these findings of fact, the trial court made the following Conclusions of law:
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