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Flashlight Search Violated Man’s Rights, Court Rules
A man charged and convicted of drug possession after police found a vial of crack cocaine by shining a light down his sweatpants, deserves a new trial because the search was unlawful and in violation of his rights, a North Carolina appellate court ruled last week.
The court’s ruling relieves Timothy Stone of his 10 ½ to 14 year prison sentence for his felony.
In October 2002, a police officer pulled over Stone and a companion and proceeded with a drug search. According to the court, Stone initially allowed the search, but objected when one police officer pulled Stone’s pants away from his body and shined a flashlight at his groin region, where he found a small container of crack cocaine.
The appellate court ruled that Stone was subjected to an unlawful search and the evidence that was found—a major factor in his conviction—should have been barred from the trial.
“We conclude that a reasonable person in defendant’s circumstances would not have understood that he would be subjected to an inspection of his genitals,” said Judge Linda McGee of the majority.
If the North Carolina Attorney General’s office does not appeal the appellate court’s ruling, Stone may face a new trial.
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