STATE v. SMITH

No. COA11-1335.

729 S.E.2d 120 (2012)

STATE of North Carolina v. Curtis SMITH, Jr.

Court of Appeals of North Carolina.

August 7, 2012.


Attorney(s) appearing for the Case

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

Appellate Defender Staples Hughes by Assistant Appellate Defender Constance E. Widenhouse for defendant-appellee.


STEELMAN, Judge.

A drug dog's positive alert at the front side driver's door of a motor vehicle does not give rise to probable cause to conduct a warrantless search of the person of a recent passenger.

I. Factual and Procedural History

On 11 September 2010 at 11:02 p.m., Corporal M.S. McDonald (Officer McDonald) of the Winston-Salem Police Department heard loud music emanating from a 1972 Chevrolet automobile in a gas station parking lot....

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