State v. Smathers
Jan 21, 2014OUTCOME: Affirmed
Mr. Griffin tried the case and argued the motions in District and Superior Court. The facts, generally, involve an Officer who made a stop of a vehicle without probable cause or reasonable suspicio ... n, under the "Community Caretaker Doctrine", and later charged the driver with driving while subject to an impairing substance (DUI) on facts found after the seizure. As a case of first impression, the Court of Appeals (753 S.E.2d 380 (NC App. 2014)) took the opportunity to adopt the doctrine as a valid exception to the Constitution's Fourth Amendment’s warrant requirement. The Supreme Court of North Carolina denied the petition for discretionary review (755 S.E.2d 616 (NC 2014)).
