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Click here for the full text of this decision FACTS:Police spotted Richard Raymond Dixon II make a right-hand turn. Though he did use his signal, policy pulled Dixon over three miles later on the ground that he did not signal within 100 feet of the intersection. After being asked, Dixon granted permission for the officers to search the vehicle, and the search came up clean. A search of Dixon and his traveling companion did not yield anything, either. The officers called in a drug dog and a female officer. Though the dog did not alert on anything, the female officer found three bagfuls of methamphetamine in Dixon’s companion’s underwear. Both Dixon and his companion were arrested. In a pretrial motion, Dixon filed a motion to suppress introduction of the methamphetamine, saying the police stop was pretextual. Without receiving testimony, the trial court granted Dixon’s motions. The trial court found that the delay between when the officers observed the traffic violation and when they pulled Dixon over was not within a reasonable distance or time. The state requested findings of fact and conclusions of law, which the trial court did. On appeal, the state faults the trial court for conducting the hearing without receiving testimony. The state also faults the trial court for making findings of fact and conclusions of law where no evidence was presented. The state also challenges the substance of the trial court’s ruling. HOLDING:Affirmed. The court first finds that the state did not present any argument in support of its position on its argument that a trial court cannot decide a pretrial motion without hearing testimony. The court finds the point waived. The court also finds that the request for findings of fact and conclusions of law was made by the state, not by Dixon. Consequently, the doctrine of invited error applies, and even if the trial court did err by entering findings of fact, that error “could not enure to the benefit of the State.” The court defers to the trial court’s finding of unreasonable delay in time and distance between alleged traffic violation and pulling Dixon over, noting that nothing interfered with the officers’ ability to stop Dixon’s vehicle earlier. “We do not hold that a delay of this distance will always be unreasonable. In each such instance, the court should properly consider all of the factors surrounding the stop. In that context, we reiterate that the trial court made a specific finding that nothing would have prevented an earlier stop, that the stop was 3.2 miles from the point of the alleged violation, and that the stop was not made either within a reasonable time or a reasonable distance after the alleged violation.” The court adds that even though there were no witnesses to give formal testimony, both sides agreed to the facts involved and the sequence of events. OPINION:Ross, J.; Morriss, C.J., Ross and Carter, JJ.

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