Appellate court: Woman wrongfully seized before drug arrest – Yahoo News

The N.C. Court of Appeals could overturn the conviction of a Cleveland County woman who pleaded guilty in 2019 to having methamphetamine in her pocket.
According to a 13-page decision released this month, law enforcement that originally stopped the now 50-year-old woman erred by detaining her.
According to court documents, the woman was sitting in a car in the parking lot of a retail business in Cleveland County when she was approached by a deputy.
The deputy recognized the car and thought the inhabitant was a woman who had outstanding warrants. When asked about her identity, the woman handed her driver’s license to the deputy who then went to his car to verify it.
When he returned, with the confirmation that the woman was who she said she was and did not have any outstanding warrants, the deputy did not return her license. Rather, he held it for more than five minutes and asked permission to search her car while she stood outside of it.
When a backup deputy arrived, he thought he saw drugs in her pocket and asked permission to search her, thus uncovering the methamphetamine.
She was charged with possession of methamphetamine.
When she had her day in court, the woman’s attorney contended that she was illegally seized prior to the discovery of drugs.
“Defendant was clearly in violation of the law by possessing illegal drugs. Defendant, however, argues that the trial court erred in denying her motion to suppress the drugs, contending that she was illegally seized at the point of the encounter when the Backup Deputy saw the drugs in her pocket,” reads a paragraph of the Court of Appeals decision.
In layman’s terms, if the woman felt she was free to leave when the deputy returned having verified her identity, she would not have been perceived as being seized. But, because she was not given her license back, she would not reasonably have thought she was able to go, the court ruled.
“Our cases make it clear that a seizure does not occur simply because a police officer approaches an individual and asks a few questions. So long as a reasonable person would feel free to disregard the police and go about his business, the encounter is consensual, and no reasonable suspicion is required. The encounter will not trigger Fourth Amendment scrutiny unless it loses its consensual nature,” says the decision. “Case law suggests that a reasonable person who is away from their home in her car would generally not feel free to drive away and go about her business without her license and would, therefore, be seized.”
In the decision, the Court of Appeals said prosecutors will need to present additional evidence to justify the time the deputy held the woman’s license.
"If not, the trial court will allow Defendant’s motion to suppress and strike Defendant’s conditional guilty plea,” the decision concludes.
Diane Turbyfill can be reached at 704-669-3334 and dturbyfill@shelbystar.com.
This article originally appeared on The Shelby Star: NC appellate court: Cleveland Co. woman wrongfully seized before arrest
Del. Brenda Thiam, R-Washington, was among the GOP lawmakers who resigned from a bipartisan caucus dedicated to representing women in Annapolis.
More supply than consumption means there could be downward price pressure for cannabis in Michigan for the foreseeable future.
The League of United Latin American Citizens wants to see GOP legislators' messages regarding a 2021 election law.
U.S. Rep. Matt Gaetz announced his reelection campaign at the grand opening of his campaign office in Fort Walton Beach on Saturday.
The real issue lost in the events of the past week is the hijacking of the rule of law and using intimidation tactics to frighten those who these extremists disagree with, writes Gary Raney. │ Opinion
"I don't think Dave is running around harming gays."View Entire Post ›
A representative for musician Kanye West has issued a statement to Variety this weekend, confirming a report that West had been dis-invited from performing at this year’s Grammy’s ceremony. The representative apparently cited a report posted on The Blast yesterday that said West had been banned from performing at the April 3 event, over “concerning online behavior”. Which is presumably a nice way of describing the ongoing harassment West has been directing toward his ex-wife, Kim Kardashian, and
Johnson also praises Zelensky as a ‘heroic war leader’
Depending on the number of travelers, companies like Wheels Up say up to 50 percent can be saved on flights.
Russia’s defence ministry said more missiles were launched from Crimea and the Caspian Sea
Officers were responding to a call when the suspect approached, gun at the ready.
"Peaceful people are still under the rubble," Mariupol City Council said as it accused Russia of bombing an art school where residents were sheltering.
The SpaceX founder along with James Franco and Paul Bettany are set to give their testimonies virtually next month as part of a bitter court battle.
Countries scrambling to replace Russian oil and gas with any alternative may aggravate climate change, U.N. chief warns.
Rising prices have been fueled by concerns about disruptions in output from Russia, which has been hit by sanctions for its war against Ukraine.
Docs show Amazon knew of Prime customer complaints, inside Emily Weiss's failed Glossier tech ambitions, and it's time to blame bad managers.
The targets included natural gas and desalination plants.
Meanwhile, James O'Keefe's right-wing sting operation has reportedly been harassing New York Times and CNN reporters.
Secretary of Defense Lloyd Austin said Russia is deliberately targeting population centers because its military campaign had stalled in the face of an effective Ukrainian defense and counterattack.
The Census Bureau releases new-home sales data for February on Wednesday, followed by the National Association of Realtors' Pending Home Sales Index for February on Friday.

source