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North Carolina v. Watkins9/7/1993
The State appeals the trial court's order suppressing all the evidence obtained by an officer pursuant to his stop of defendant's
vehicle. As a result of the stop, defendant was charged with driving while impaired.
The trial court's findings of fact were not excepted to on appeal; therefore, they are binding on this Court. The trial court found that:
1. On the early morning of February 11, 1990, the defendant was on the premises of the Carolina Virginia Well Drilling Company, hereafter referred to as "the company," with the permission of the owner/operator of the company, his friend Elbert Smith. The Well Company is located on the Purdie Loop Road, and is outside the city limits of the town of Stoneville.
2. The company had a recreational area with a cable tv set and a kitchen and bar which were used at night and on weekends by Mr. Smith and his friends, including the defendant. Some of these people lived in rural areas that were not served by cable and came to the company regularly with family members and friends to watch ball games, play cards, have fish fries, etc.
3. The defendant had been a regular visitor at the company for many years and was in the habit of coming to the company on a daily basis and sometimes staying until late at night.
4. There was an auto detailing business on the premises and it was not unusual for cars to be parked around the company during night or daylight hours.
5. Mr. Smith had given keys to several of his friends, including the defendant so that they could use the recreational facilities at the company whenever they chose to do so.
6. On the night in question, Officer Norman E. Harbor of the Stoneville Police Department was in his police squad car and was monitoring the Rockingham County Sheriff's Department radio frequency. The Rockingham County Sheriff's Department provides dispatch/communication services to/for the Stoneville Police Department as well as for its own department, and both agencies communicate using the same frequency.
7. At approximately 3:00 a.m. Officer Harbor overheard a radio transmission from the dispatcher to Officer Robert E. Knight saying that there was a "10-50" behind the Virginia-Carolina Well Drilling Company.
8. No evidence was introduced that tended to show:
a. The identity of the dispatcher.
b. The identity of the caller.
c. Whether the caller refused to identify himself/herself.
d. What description of the vehicle the caller gave, if any.
e. Any statements given the dispatcher by the caller to support the Conclusion that it was a "10-50," or "suspicious" vehicle.
f. Whether the dispatcher knew or recognized the caller.
g. What, if anything, the dispatcher did to verify the believability of the caller.
h. What, if anything, the caller told the dispatcher was "suspicious" about the vehicle.
9. The "10-50" was understood by Officer Harbor to mean "suspicious vehicle".
10. Officer Harbor had no idea who had made the call or whether the caller was a reasonable, believable or reliable person.
11. Officer Harbor was given no description of any alleged "suspicious vehicle" nor any information as to why any vehicle parked behind the company would be suspicious.
12. Deputy Robert Knight advised the dispatcher that he was a good distance away. Then Officer Harbour advised Deputy Knight of his location, which was at the Commer Road and the Settle Bridge Road, approximately five hundred feet away from the Virginia Carolina Well Company,
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