Quantcast
Home / Opinion Digests / Criminal Practice / Criminal Practice – DWI – Search & Seizure – Extension of Stop – Jury Poll (access required)

Criminal Practice – DWI – Search & Seizure – Extension of Stop – Jury Poll (access required)

State v. Burroughs In a civil suit, Atkins v. Moye, 277 N.C. 179, 176 S.E.2d 789 (1970), our Supreme Court said an odor of alcohol standing alone is no evidence that one is under the influence of an intoxicant; however, in order to extend the length of a traffic stop, the arresting officer here needed only sufficient articulable facts to form a reasonable belief that defendant was committing the criminal violation of driving while impaired.

Leave a Reply

Your email address will not be published. Required fields are marked *

*