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North Carolina v. Adkerson5/31/1988
ooper Robles' decision to make a pat-down search for weapons of Eanes. In order to properly search the paper bag and jacket under Eanes' feet, Trooper Robles asked him to exit the vehicle. Once Eanes was outside the vehicle Trooper Robles was justified in making a protective search for weapons. This search was justified given the late hour, the rural surroundings, and Trooper Robles' vulnerable position if he leaned over towards the floor of the car with someone standing behind him. Given these circumstances, we hold that Eanes' Fourth Amendment rights were not violated by this search.
Finally, both Adkerson and Eanes argue that the trial court's findings of fact are not supported by the evidence and therefore do not support the conclusions of law. We disagree.
Our review of the record reveals only one discrepancy between the transcript and the findings of fact. Finding of Fact No. 11 states that "Rural Paved Road 1001 . . . at this time of the early morning, carries little traffic," while there was no evidence offered as to the traffic on this road. We do not feel that this minor discrepancy constitutes reversible error and find that the remaining findings of fact are supported by evidence in the record. Therefore, we find no merit in this argument.
Accordingly, we affirm the judgments of the trial court.
Affirmed.
Disposition
Affirmed.
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