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North Carolina v. Green5/21/1991
Indicted for possession with intent to sell or deliver heroin, possession with intent to sell or deliver cocaine, driving while impaired, and driving without an operator's license, defendant moved to suppress evidence obtained as a result of the search of his automobile. From an adverse ruling, defendant gave notice of intent to appeal pursuant to N.C.G.S. § 15A-979(b) and then entered a plea of guilty to all four charges. For the offense of possession with intent to sell or deliver heroin the court sentenced defendant to a term of imprisonment of four years. For the offense of possession with intent to sell or deliver cocaine, defendant was sentenced to a term of imprisonment of six years, to begin at the expiration of the four year sentence and suspended for five years upon condition that defendant remain on supervised probation. For the offenses of driving while impaired and without an operator's license, defendant was sentenced to a term of imprisonment of six months, suspended concurrently with his six year sentence. Defendant appeals from the denial of his motion to suppress and the entry of these judgments.
The facts giving rise to this appeal are uncontroverted. Around 11:45 a.m. on 9 January 1989, Trooper Kevin Rittenhouse, a seven year veteran of the North Carolina Highway Patrol, was on routine patrol on North Carolina Highway 87, south of Fayetteville. A light rain was falling. He saw a white 1981 Toyota automobile travelling about fifty miles per hour in the left southbound lane of the four lane highway. As he approached the car from behind, it weaved into the right southbound lane twice. No other traffic was on the highway.
Suspecting the driver was impaired, Trooper Rittenhouse activated his light and siren. Twice the driver leaned over toward the front passenger seat, but louvers over the rear window prevented
Rittenhouse from seeing exactly what the driver was doing. The driver, who had returned to the left southbound lane, pulled over to the left and brought his car to a stop in the grassy median. At the suppression hearing, Rittenhouse testified he stopped the car only because of its weaving. He had no information that the car was stolen; he had received no tips, broadcasts, or other information about the driver; nor did he recognize the car.
Trooper Rittenhouse parked his patrol car behind the Toyota and approached the driver, who sat completely still. When the driver, later identified as the defendant, Willie F. Green, rolled down his window, Rittenhouse explained he had stopped defendant for weaving and asked to see his driver's license and proof of registration. Defendant replied that he had swerved because he spilled a drink on his trousers and that he did not have his wallet or license with him. He did not carry them about because he had the habit of losing them. Although defendant was holding a soft drink bottle, Rittenhouse did not see a wet spot on his trousers or the car seat.
Trooper Rittenhouse asked defendant to get out of the car and step away from it; defendant followed these instructions and submitted to a pat-down search. Feeling an object in defendant's pocket, Rittenhouse asked what it was. Defendant answered it was money, produced it for inspection, and was permitted to return it to his pocket. Rittenhouse asked defendant to step further away from the car while he looked on the floor and around the driver's seat for a weapon or proof of identification.
Although he found nothing, Trooper Rittenhouse still thought defendant had identification with him. Rittenhouse asked defendant to sit in the front passenger seat of the patrol car while he determined the status of defendant'
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