Active case file· No. 24CRS001837 · Counsel: you · Synthetic

State v. Devon J. Carter

North Carolina — Rowan County, District 27
Memo · Co-CounselState v. Devon J. Carter · synthetic
10
Discovery documents
2
Charges
1
Suppression seam
3
Defense theories
Intent to sell · 40/100
Weakest element

The case at a glance

What the State leads with — and where it’s thin.

A traffic stop on I-85 for following too closely becomes a drug case when an officer says he smelled marijuana and searches the trunk — recovering roughly four ounces in one sealed package. The State leads with that recovery and a revoked-license count. But the body-worn camera tells a different story about when the odor was noted, and the intent-to-sell charge rests on weight alone.

The State’s case
  • A lawful traffic stop for following too closely, with the driver admitting a revoked license.
  • An odor of marijuana the officer says he detected, supplying probable cause to search.
  • Recovery of roughly four ounces of marijuana, vacuum-sealed, from the trunk Carter was driving.
Where it breaks
  • The search rests on an odor justification the body-worn camera shows surfaced only after the stop’s mission was complete (Rodriguez prolonged-stop suppression).
  • Even if the marijuana comes in, intent to sell is unproven — one sealed package, no scales, packaging, ledgers, currency, or messages.
  • Possession is only constructive, in a borrowed car Carter said was his cousin’s and denied knowledge of.
Discovery · 10 documents
  • SD-01Arrest reportSalisbury PD incident/arrest report; states odor “upon approach”; describes the stop, search, and recovery.
  • SD-02Bodycam transcriptBWC transcript — odor first mentioned at 14:02, after the warning and citation. The suppression seam.
  • SD-03Dashcam transcriptIn-car video; ~8 minutes of in-cruiser checks; corroborates the late odor claim.
  • SD-04CAD logRowan County CAD detail; warning advised 21:54, search advised 21:57.
  • SD-05Warning & citationWritten warning (following too closely) and uniform citation (DWLR).
  • SD-06Property/evidence receiptChain of custody; one sealed ~4 oz package; no scales, no cash.
  • SD-07Lab reportSCL drug chemistry; marijuana, net 106.3 g; no THC-concentration determination.
  • SD-08Criminal recordActive revocation; prior simple-possession and DWLR; no sale/delivery history.
  • SD-09Element sheetStatutory elements for PWISD marijuana and DWLR.
  • SD-10Discovery indexState’s initial discovery index with a continuing-disclosure note.

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