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State v. Hargett

Court of Appeals of North Carolina

May 19, 2015

STATE OF NORTH CAROLINA
v.
RAYMOND L. HARGETT

Heard in the Court of Appeals 8 April 2015.

Page 116

Attorney General Roy Cooper, by Assistant Attorney General Thomas O. Lawton III, for the State.

Appellate Defendant Staples Hughes, by Assistant Appellate Defender Paul M. Green, for Defendant.

STEPHENS, Judge. Judges STEELMAN and MCCULLOUGH concur.

OPINION

Page 117

Appeal by Defendant from order entered 7 April 2014 and judgments entered 9 April 2014 by Judge Jack W. Jenkins in Craven County Superior Court, Nos. 13 CRS 1247, 52109.

STEPHENS, Judge.

Evidence and Procedural Background

Defendant Raymond L. Hargett appeals from the denial of a pretrial motion to suppress evidence and from the judgments entered upon his convictions of possession of cocaine with intent to distribute, possession of marijuana with intent to distribute, and possession of drug paraphernalia, as well as his subsequent guilty plea to habitual felon status. Because Hargett failed to preserve the error he alleges in this appeal, we must dismiss.

The charges against Hargett arose from the events of 23 May 2013. On that morning, the New Bern Police Department (" NBPD" ) received a call from a citizen who requested a security check on a residence at 708 A Street in New Bern. The caller stated that the owner of the residence was incarcerated, but that he had driven past that morning and noticed that " the window shades had been pushed back." Officer Edwin D. Santiago, Jr., and Detective David Upchurch of the NBPD responded to the residence, and, upon arriving, Officer Santiago saw " that the shade had been -- the screen had been pushed to the side. [It l]ooked like it had been pulled back. . . . and that the window was up." Concerned that someone might have broken into the residence, Officer Santiago knocked on the front door and got no response. Officer Santiago knocked several more times before finally getting a response. After Officer Santiago identified himself as a police officer, Hargett opened the door. At the suppression hearing, Officer Santiago testified as follows about what happened next:

I asked him if he was the homeowner of the residence, and he hesitated to answer that question, didn't come out and immediately say no. He finally did answer the question and said no. And then I asked him for his name, in which he hesitated

Page 118

giving me his name, but then he initially gave me his name as Raymond Hargett.
. . . .
He finally told me his name was Raymond Hargett, and then I asked him if he was the -- if he was the owner of the residence, and he stated no. Then I asked him for ID. He didn't have any ID on him.
. . . .
While talking to him, at that point I asked him to step out of his residence and I detained him. I told him he was -- I told him he was not under arrest, but because he couldn't tell me who he was and who the homeowner is at the residence, that he was being detained so that I could find out who the actual homeowner of the house was.
. . . .
While I was talking to him, he kept putting his hands in his pocket, and I asked him, " Don't put your hands in your pocket." He kept putting his hands in his pocket. So when he came out, and based on, you know, not knowing who he was at the time because he couldn't produce any ID, and he hesitated to tell me who his name was and he hesitated on telling ...

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