STATE v. McLAMB

No. COA06-1319.

649 S.E.2d 902 (2007)

STATE of North Carolina v. William Roger McLAMB.

Court of Appeals of North Carolina.

September 18, 2007.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Derrick C. Mertz, for the State.

Tharrington Smith, L.L.P., by Michael Crowell and Denise Walker, Raleigh, for defendant-appellee.


STEELMAN, Judge.

An officer's stop of a motor vehicle based upon a mistaken belief that a speeding violation occurred is not objectively reasonable and cannot support probable cause to stop the vehicle. The trial court correctly concluded that the fruits of such a stop must be suppressed.

While patrolling Ocracoke Island on 16 May 2005, Deputy Matthew Shane Bryan ("Deputy Bryan") observed William Roger McLamb ("defendant") driving a sports utility vehicle...

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