STATE v. BROWN

No. COA11-709.

720 S.E.2d 446 (2011)

STATE of North Carolina v. Brandon Jason BROWN.

Court of Appeals of North Carolina.

December 20, 2011.


Attorney(s) appearing for the Case

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

William B. Gibson , Winston-Salem, for defendant appellant.


McCULLOUGH, Judge.

Brandon Jason Brown ("defendant") appeals from the denial of his motion to suppress evidence of his alleged impairment. For the reasons discussed herein, we agree with defendant and reverse.

I. Background

On the night of 6 November 2009, around 9:00 or 10:00 p.m., two black males entered a Dollar General Store located on Highway 64 East in Henderson County, fired shots, robbed the store, and fled on foot. In response to the armed...

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