STATE v. FOWLER

No. COA08-652.

676 S.E.2d 523 (2009)

STATE of North Carolina v. Wayne Brooks FOWLER, Defendant.

Court of Appeals of North Carolina.

May 19, 2009.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Sebastian Kielmanovich, Assistant Attorney General, and William B. Crumpler, Assistant Attorney General, for the State.

Wyrick Robbins Yates & Ponton, LLP, by K. Edward Greene and Tobias S. Hampson, Raleigh, and Law Offices of Bush & Powers, by Bill Powers, Charlotte, for defendant-appellee.

Center for Death Penalty Litigation, by Thomas K. Maher, Durham, and The Ward Law Firm, P.A., by David J. Ward, Raleigh, for North Carolina Advocates for Justice, amicus curiae.


MARTIN, Chief Judge.

On 2 January 2007, defendant Wayne Brooks Fowler was arrested for willfully operating a motor vehicle while subject to an impairing substance in violation of N.C.G.S. § 20-138.1. On 6 August 2007, defendant made a pretrial motion in district court in accordance with N.C.G.S. § 20-38.6(a) alleging that the arresting officer lacked probable cause to arrest him.

On 9 October 2007, the Mecklenburg County District Court entered a...

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