STATE v. STONE

No. 505A06.

653 S.E.2d 414 (2007)

STATE of North Carolina v. Timothy STONE.

Supreme Court of North Carolina.

December 7, 2007.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by William B. Crumpler, Assistant Attorney General, for the State-appellant.

Jarvis John Edgerton, IV, Raleigh, for defendant-appellant.


HUDSON, Justice.

We examine today whether a passenger in a vehicle who gave consent to a generic search for weapons or drugs during a routine traffic stop subjected himself to an officer's flashlight search inside his underwear. Under the circumstances here, we conclude he did not. We hold that this intrusion violated the defendant's rights under the Fourth Amendment to the United States Constitution, which protects all persons from unreasonable searches and seizures...

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