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State v. Barnhill9/7/2004
PUBLISHED
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 speeding and driving while impaired.
The evidence presented at the hearing on the motion to suppress tended to show that on 22 June 2001, Officer Matthew Malone of the East Carolina University Police Department was on duty. He had parked his patrol car in a parking lot belonging to the university, which was on Fourth Street. At approximately 1:50 a.m., Officer Malone noticed a white Chevrolet truck heading eastbound on Fourth Street towards him. In Officer's Malone's opinion the vehicle was exceeding a safe speed, as he estimated the vehicle to be traveling 40 m.p.h. in a 25 m.p.h. zone. He testified he was basing this estimation on the fact he observed the truck for approximately five to ten seconds, and in that time the truck traveled approximately 750 feet, or a block and a half. However, on cross-examination, Officer Malone acknowledged he may have previously testified at defendant's civil revocation hearing, on 19 July 2001, that defendant's vehicle traveled 750 feet in thirty-five to forty seconds. Officer Malone also based his opinion that defendant was speeding on the fact that when he first saw the truck he could hear the vehicle's engine racing and the sound was "pretty loud" as defendant accelerated. Officer Malone further testified that the intersection through which defendant proceeded was slightly elevated in the middle and when defendant came through the intersection it appeared the truck was bouncing because it had gone through at a high rate of speed. After observing defendant's vehicle, Officer Malone activated his blue lights and initiated a traffic stop. Defendant immediately began to brake and pulled over to the curb. As a result of that stop, defendant was charged with driving while impaired in violation of N.C. Gen. Stat. § 20-138.1 and driving a vehicle at "a speed greater than is reasonable and prudent under the conditions then existing" in violation of N.C. Gen. Stat. § 20-141(a).
On cross-examination, Officer Malone admitted he had never received any training in visually estimating the speed of moving vehicles, he was not certified to operate any type of speed detection device, and he did not know in measurable terms the actual distance the vehicle traveled, but estimated the distance. Additionally, the trial court found that Officer Malone did not testify that he witnessed defendant engage in any other criminal , traffic, or equipment violations.
The trial court concluded Officer Malone had not articulated any objective criteria on which to base his opinion of the vehicle's speed. As a result, the trial judge ordered all evidence obtained by the police as a result of the vehicle stop, be suppressed as its procurement violated defendant's constitutional right to be free from unreasonable search and seizure. The State appeals.
The State has the right to appeal an order by the superior court granting a motion to suppress prior to trial. N.C. Gen. Stat. § 15A979(c) (2003). The sole issue before this Court is whether the trial court erred in granting defendant's motion to suppress. We conclude the trial court erred, and we accordingly reverse.
When evaluating a trial court's ruling on a motion to suppress, its findings of fact will be binding on appeal if supported by any competent evidence. State v. Barden, 356 N.C. 316, 332, 572 S.E.2d 108, 120-21 (2002), cert. denied, 538 U.S. 1040, 155 L.Ed. 2d 1074 (2003). "`"Although the trial court's findings of fact are generally deemed conclusive where supported by competent ev
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