STATE v. KOCHUK

No. COA12-525.

741 S.E.2d 327 (2012)

STATE of North Carolina v. James R. KOCHUK.

Court of Appeals of North Carolina.

November 6, 2012.


Attorney(s) appearing for the Case

Attorney General Roy Cooper by Assistant Attorney General Joseph L. Hyde , for the State.

Russell Joseph Hollers , attorney for defendant.


ELMORE, Judge.

The State appeals from an order granting James R. Kochuk's (defendant) motion to suppress evidence obtained following a stop of his vehicle. We affirm.

On 3 July 2010, Trooper Ellerbe of the North Carolina State Highway Patrol was on duty and traveling eastbound on Interstate 40. Around 1:00 AM, Trooper Ellerbe began traveling 1-2 car lengths behind defendant's vehicle in the middle lane. He then observed defendant's vehicle cross over the dotted...

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