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State v. Barnhill9/7/2004
allow the opinion of a layperson to be admissible evidence if the witness is not testifying as an expert and his opinions or inferences are "(a) rationally based on the perception of the witness and (b) helpful to a clear understanding of his testimony or the determination of a fact in issue." N.C. Gen. Stat. § 8C-1, Rule 701 (2003). Furthermore, it is well established in this State, that any person of ordinary intelligence, who had a reasonable opportunity to observe a vehicle in motion and judge its speed may testify as to his estimation of the speed of that vehicle. Insurance Co. v. Chantos, 298 N.C. 246, 250, 258 S.E.2d 334, 336 (1979); State v. Clayton, 272 N.C. 377, 382, 158 S.E.2d 557, 560 (1968). "`Absolute accuracy, however, is not required to make a witness competent to testify as to speed.'" Clayton, 272 N.C. at 382, 158 S.E.2d at 561.
Defendant suggests that it is irrelevant whether the officer's testimony was admissible or whether he was competent to testify at trial, as the issue is whether he had sufficient cause to stop defendant's truck. We disagree. Here, Officer Malone's competency to estimate the speed of the truck is being called into question because of his lack of specialized training to visually estimate speed. We find it relevant that if an ordinary citizen can estimate the speed of a vehicle, so can Officer Malone.
Furthermore, it is not necessary that an officer have specialized training to be able to visually estimate the speed of a vehicle. Excessive speed of a vehicle may be established by a law enforcement officer's opinion as to the vehicle's speed after observing it. In State v. Wilson, this Court found that a trooper's personal observation of the speed of defendant's vehicle, coupled with his observation that the vehicle was following to closely, provided him with "a sufficient blend of circumstances to establish . . . probable cause" to believe a violation had occurred. 155 N.C. App. at 95, 574 S.E.2d at 98 (2002).
The facts here are analogous. In the instant case, Officer Malone had an unobstructed view of the vehicle, as well as ample opportunity to observe defendant's progress up Fourth Street. Furthermore, Officer Malone's personal observation of the speed of defendant's truck, coupled with the sound of the engine racing and the bouncing of the car as it passed through the intersection, furnished him with a sufficient blend of circumstances to establish there was a fair probability that defendant was exceeding a speed greater than was reasonable and prudent under the conditions existing at that time in violation of N.C. Gen. Stat. § 20-141(a). Thus, Officer Malone had probable cause to stop defendant's vehicle.
As a result, the stop did not violate defendant's right to be free from unreasonable search and seizure. Since the stop was valid, any evidence which resulted from the stop need not be suppressed. See State v. Carter, 322 N.C. 709, 712, 370 S.E.2d 553, 555 (1988). Accordingly, we find the trial court erred in granting defendant's motion to suppress.
It should also be noted that in the trial court's conclusion of law No. 4, it stated: "Further, the Charging Officer's stated suspicion for the stop of the Defendant's vehicle was not based on any objective criteria, but rather on the Officer's subjective opinion, as such, an officer's subjective opinion is immaterial. State v. McClendon, 350 N.C. 630 (1999)[.]" (emphasis in original). The trial court's reliance on State v. McClendon is misplaced. In McClendon, our Supreme Court adopted the holding in Whren v. United States, 517 U.S. 806, 135 L.Ed. 2d (1996), and held that when judging police action related to probable cause, it should be judged in objective and not
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