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STATE v. OSTERHOUDT

No. COA11-1428.

731 S.E.2d 454 (2012)

STATE of North Carolina v. Donald OSTERHOUDT, Defendant.

Court of Appeals of North Carolina.

August 21, 2012.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Jess D. Mekeel, for the State.

Matthew J. Davenport, Greenville, for defendant-appellant.

The Avery, P.C., by Isaac T. Avery, III, Raleigh, on behalf of the North Carolina Conference of District Attorneys, amicus curiae.

Tiffanie W. Sneed, Chapel Hill, on behalf of the North Carolina Association of Police Attorneys, amicus curiae.

Edmond W. Caldwell, Jr. and Julie B. Smith, Raleigh, on behalf of the North Carolina Sheriffs' Association, amicus curiae.

HUNTER, ROBERT C., Judge.

The State appeals from a 14 March 2011 order entered by Judge W. Russell Duke, Jr. in Pitt County Superior Court affirming the district court's pretrial indication that granted defendant Donald Osterhoudt's ("defendant's") motion to suppress the stop of defendant ("motion to suppress").1 The State asserts the following errors on appeal: (1) the superior court's finding of fact that defendant's car "never crossed...

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