Argued: January 24, 2017
from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K.
Reidinger, District Judge. (1:12-cr-00093-MR-DLH-2;
Frederick Herzog, PAUL F. HERZOG, PA, Fayetteville, North
Carolina; Randolph Marshall Lee, Charlotte, North Carolina,
Anthony Joseph Enright, OFFICE OF THE UNITED STATES ATTORNEY,
Charlotte, North Carolina, for Appellee.
Westmoreland Rose, United States Attorney, OFFICE OF THE
UNITED STATES ATTORNEY, Charlotte, North Carolina, for
MOTZ, DUNCAN, and HARRIS, Circuit Judges.
DUNCAN, CIRCUIT JUDGE:
Darren Hill ("Hill") and Lloyd Dodwell
("Dodwell") (collectively, "Defendants")
appeal the district court's denial of their motions to
suppress. For the reasons that follow, we affirm.
appeal arises out of a traffic stop executed by Henderson
County, North Carolina Sheriff's Deputy David McMurray
("Deputy McMurray"). On May 2, 2012, Deputy McMurray was
patrolling Interstate 26 in Henderson County when he observed
two vehicles traveling without the appropriate distance
between them. Deputy McMurray activated his blue lights and
pulled over the second vehicle, a Chevrolet Equinox SUV
("SUV"), for following too closely.
McMurray approached the stopped SUV from the passenger's
side. Dodwell was in the driver's seat and Hill was in
the passenger's seat. After Deputy McMurray explained the
stop, Dodwell admitted to following too closely. Deputy
McMurray asked Dodwell to exit the SUV and accompany him to
his patrol car so he could issue a warning ticket. Deputy
McMurray also asked Hill for a form of identification, but
Hill responded that he did not ...