subject: North Carolina Suppress Conclusions Checkpoint Remand Reverse Vacate Lawyers Attorneys [print this page] STATE OF NORTH CAROLINA vSTATE OF NORTH CAROLINA v. SHANNON DENISE HAISLIP
SUPREME COURT OF NORTH CAROLINA
The State of North Carolina seeks review of the unanimous Court of Appeals decision reversing the denial of defendant's motion to suppress the evidence used to convict her for driving while impaired and remanding for appropriate findings of fact and conclusions of law as to the constitutionality of a checkpoint. The State asserts that the Court of Appeals erred in holding that (1) defendant was "stopped" within the meaning of the Fourth Amendment; and (2) the constitutionality of the checkpoint is at issue, in that defendant evaded the checkpoint.
On review of a motion to suppress evidence, an appellate court determines whether trial court's findings of fact are supported by the evidence and whether the findings of fact support the conclusions of law. The trial court's findings of fact "are conclusive on appeal if supported by competent evidence, even if the evidence is conflicting." Although the trial transcript indicates that the trial judge believed defendant "wasn't snared by the checkpoint," the transcript is devoid of any formal, specific findings of fact or conclusions of law as to what transpired on the evening of defendant's arrest. Defendant was not stopped by the checkpoint." Indeed, although the trial judge stated at the very end of the proceedings that he had "written out in hand findings and conclusions on the evidentiary hearing with respect to the motion to suppress the evidence," the transcript reveals no ruling at all on the motion to suppress, and no such order was included in the record presented either to this Court or the Court of Appeals.
JUDGMENT:
The Court held that the record before it is inadequate to permit appellate review of the questions of law presented by the State's appeal, in that the record contains no order or ruling on defendant's motion to suppress, the decision of the Court of Appeals was vacated, and the case was remanded with direction to further remand to the Superior Court in Pitt County for written findings of fact and conclusions of law sufficient to resolve all issues raised by the motion to suppress.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content
North Carolina Suppress Conclusions Checkpoint Remand Reverse Vacate Lawyers Attorneys
By: Atchuthan Sriskandarajah
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