Heard in the Court of Appeals February 5, 2014
This Decision is not final until expiration of the twenty-one day rehearing period. [North Carolina Rules of Appellate Procedure 32(b)]
Guilford County. Nos. 12 CRS 24372, 74225, 74227. A. Robinson Hassell, Judge.
Attorney General Roy Cooper, by Assistant Attorney General J. Aldean Webster III, for the State.
Appellate Defender Staples Hughes, by Assistant Appellate Defender Constance E. Widenhouse, for Defendant.
STEPHENS, Judge. Judge BRYANT concurs. Judge DILLON dissents in a separate opinion.
Appeal by Defendant from order entered 10 January 2013 by Judge C.W. Bragg and judgment entered 22 January 2013 by Judge A. Robinson Hassell
in Guilford County Superior Court.
Procedural and Factual Background
In this appeal, Defendant Tiyoun Jimek Jackson challenges the trial court's denial of his motion to suppress evidence discovered by Officer Timothy D. Brown of the Greensboro Police Department following an investigatory stop of Defendant on the night of 9 April 2012.
The order denying Defendant's motion to suppress includes the following pertinent findings of fact:
1. [Officer] Brown is and has been an officer for the Greensboro Police Department since August 15, 2009.
2. Officer Brown based on training and experience is familiar with marijuana and other narcotic drugs.
3. Officer Brown was on duty and in uniform on Monday, April 9, 2012.
4. Prior to April 9, 2012, Officer Brown had on two occasions contact with [D]efendant . . . .
5. On the first occasion, Officer Brown investigating a report of the discharging of a firearm spoke with [D]efendant . . . concerning that incident and recovered from him a stolen firearm.
6. Approximately two months prior to April 9, 2012, Officer Brown was investigating a breaking and entering in the area of Lombardi Street in Greensboro, North Carolina and again came into contact with [D]efendant . . . .
7. . . . [D]efendant . . . was standing with 3 to 4 individuals in the area of the reported breaking and entering.
8. As Officer Brown approached he could smell the odor of marijuana.
9. Officer Brown conducted a search of the individuals including [D]efendant . . . .
10. Officer Brown did find an amount of marijuana, but not on the person of [D]efendant . . . .
11. On April 9, 2012, Officer Brown was assigned and was patrolling zone 450 in a marked patrol car.
12. Officer Brown at approximately 9:00 pm was patrolling in the vicinity of Kim's Mart located ...