STATE v. ICARD

No. 236A08.

677 S.E.2d 822 (2009)

STATE of North Carolina v. Lori Shannon ICARD.

Supreme Court of North Carolina.

June 18, 2009.


Attorney(s) appearing for the Case

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

C. Scott Holmes, Durham, for defendant-appellee.


EDMUNDS, Justice.

This case presents the question whether a police encounter with defendant triggered defendant's Fourth Amendment protection against unreasonable seizure. We conclude that a reasonable person in defendant's position would not have felt free to refuse an officer's request to search her purse or otherwise terminate the encounter under the totality of circumstances that here included the officer's initiation of the encounter, his declaration to defendant...

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