State v. Hammonds

1 Citing case

  1. State v. Lopez

    264 N.C. App. 496 (N.C. Ct. App. 2019)   Cited 14 times
    Holding that where "the State initiated the Grady discussion and argued imposition of SBM on [the d]efendant was a reasonable Fourth Amendment search" the Grady issue was preserved for appellate review, despite the defendant's failure to object

    In the third scenario, the State specifically argues that the imposition of SBM on a defendant is a reasonable Fourth Amendment search, the defendant does not object to the imposition of SBM, and the trial court passes on the issue. See State v. Griffin , ––– N.C. App. ––––, 818 S.E.2d 336 (2018) (holding the Grady issue was preserved when it was raised at trial and passed upon by the trial court); see also State v. Hammonds , No. COA17-931, 2018 WL 1386738 (N.C. Ct. App. Mar. 20, 2018) (unpublished). In essence, our Courts have distinguished between cases in which (1) the trial court failed to conduct a reasonableness inquiry, and (2) the State initiated a reasonableness inquiry, and the trial court passed on the matter.