in the Court of Appeals 1 May 2018.
by the State from orders entered 13 January 2016 by Judge
Michael D. Duncan in Wilkes County No. 14 CRS 50858 Superior
Court and 11 March 2016 by Judge Robert J. Crumpton in Wilkes
County District Court.
Attorney General Joshua H. Stein, by Assistant Attorney
General John W. Congleton, for the State.
Appellate Defender Glenn Gerding, by Assistant Appellate
Defender Michele A. Goldman, for defendant-appellee.
the State presented sufficient evidence that a law
enforcement officer had probable cause to stop defendant, the
trial court erred in granting defendant's motion to
suppress the stop. We reverse and remand.
Factual and Procedural Background
April 2014, Jeffrey Parisi ("defendant") was cited
for driving while impaired by Officer Gregory Anderson
("Officer Anderson") of the Wilkesboro Police
Department. At a 17 June 2015 hearing in Wilkes County
District Court, defendant made an oral pretrial motion to
suppress the stop that resulted in the citation, alleging a
lack of probable cause, and a motion to dismiss. The district
court granted defendant's motions, and the State provided
oral and written notice of appeal. The court subsequently
entered its written "Preliminary Order of
Dismissal" ("the Preliminary Order"), which,
despite its caption, only granted defendant's motion to
suppress. Again, the State provided written notice of appeal.
appeal was heard in Wilkes County Superior Court on 13
November 2015. Following the hearing, the court entered an
order on 11 January 2016 affirming the decision of the
district court to grant defendant's motions ("the
Superior Court Order"). The matter was remanded, and on
11 March 2016, the district court entered a "Final Order
Granting Motion to Suppress and Motion to Dismiss"
("the Final Order"), granting defendant's
motions. The State once more appealed to superior court. On 6
April 2016, the superior court affirmed the Final Order.
State appealed the matter to this Court. On 7 February 2017,
this Court entered its opinion, dismissing in part, vacating
in part, and remanding the matter. State v. Parisi,
__ N.C.App. __, __ S.E.2d __, COA16-635 (2017). In this
decision, we held that "the superior court erred in its
review of the district court's preliminary determination
to suppress, when it remanded the case to the district court
with instructions to dismiss the case." We further held,
however, that the State had no right to appeal the district
court's final order granting defendant's motion to
suppress, which remained undisturbed. We noted that the
suppression of the stop did not mandate the dismissal of the
case, vacated the orders of dismissal, and remanded for
July 2017, the State filed a petition for writ of certiorari,
seeking this Court's review of the Superior Court Order
and the Final Order. We granted this petition on 16 August
Motion to Suppress
sole argument on appeal, the State contends that the trial
court erred in concluding that Officer Anderson lacked
probable cause to stop defendant, and in granting
defendant's motion to suppress. We