234 N.C. App. 736 - State v. Cottrell’s Empirical Analysis

Citation profile

16 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]n order to properly appeal the denial of a motion to suppress after a guilty plea, a defendant must take two steps: (1) he must, prior to finalization of the guilty plea, provide the trial court and the prosecutor with notice of his intent to appeal the motion to suppress order, and (2) he must timely and properly appeal from the final judgment.”

   2 later decisions quote this exact passage · from the majority
   e.g. 247 N.C. App. 771 - State v. Crandell · 249 N.C. App. 642 - State v. Jackson

2. “Since [the officer's] continued detention of defendant was unconstitutional, defendant's consent to the search of his car was involuntary.”

   2 later decisions quote this exact passage · from the majority
   e.g. 247 N.C. App. 412 - State v. Bullock · 247 N.C. App. 314 - State v. Bedient

3. “Contemporaneous with the return of the license, Sgt. Parker asked the defendant 'Do you have anything in the vehicle?' " After reviewing the dashboard video, we agree with defendant that these events did not occur simultaneously or contemporaneously as the trial court's findings suggest. To the contrary, Sergeant Parker continued to possess defendant's driver's license up until the moment he received consent to search her car. He only returned defendant's driver's license upon commencing the search. Therefore, because defendant's license had not been returned at the time defendant gave her consent and because, at that time, the stop had been unlawfully extended, defendant's consent was not voluntary. The trial court's pertinent findings of fact are not supported by the evidence, which necessarily invalidates the conclusion that defendant voluntarily consented to the additional questions after the conclusion of the stop. "Accordingly, the officer's continued detention of defendant violated defendant's Fourth Amendment right against unreasonable seizures and defendant's subsequent consent to a search of his car was involuntary as a matter of law.”

   1 later decision quote this exact passage · from the majority
   e.g. 247 N.C. App. 314 - State v. Bedient