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State v. Anderson

The traffic stop had de-escalated into a first-tier encounter when the officer asked the defendant for consent to search his vehicle and the defendant agreed; accordingly, the trial court erred in concluding that the officer initiated a second detention that needed to be supported by articulable suspicion of illegal activity.

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The trial court granted James Wilson Anderson’s motion to suppress evidence seized from his vehicle. The State appeals, contending that the trial court erred because Anderson voluntarily consented to a search of his vehicle during a first-tier encounter. For the reasons that follow, we agree and reverse the grant of Anderson’s motion to suppress.

In reviewing the trial court’s suppression of evidence, we must construe the evidence most favorably to upholding the trial court’s findings and judgment. Moreover, because we accept the trial court’s findings on disputed facts and witness credibility, a determination of voluntariness must be upheld unless it is clearly erroneous. Nevertheless, when controlling facts are not in dispute, such as those facts discernible from a videotape, our review is de novo. Finally, we apply the legal principles to the facts independently.

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