A Bright Line Rule for Traffic Stops

Published for NC Criminal Law on June 20, 2018.

A couple of recent court of appeals opinions emphasize a bright-line rule in cases involving traffic stops. An officer who observes a driver commit a traffic violation may stop the driver to address that violation, even when the violation is minor and the officer has elected to respond to the observed violation because she suspects that other unsubstantiated criminal activity may be afoot. State v. Sutton, ___ N.C. App. ___, ___ S.E.2d. ___ (June 5, 2018). In Sutton, an officer with the Jackson County sheriff’s office who was patrolling an area known for drug activity stopped the defendant’s truck after seeing its driver’s side tires cross over the double yellow lines in the center of a curvy, two-lane road by one inch. After the officer stopped the truck, he recognized that the defendant was a person for whom he had been advised to be on the lookout. Earlier that day, an SBI agent told the officer to watch for a vehicle driven by the defendant that was bringing large quantities of methamphetamine to a supplier off of the road where the defendant was stopped. During the stop, the officer developed reasonable suspicion to believe that the defendant had methamphetamine in the truck. He summoned an officer with a canine, methamphetamine was recovered from the truck, and the defendant was indicted for trafficking in methamphetamine. The defendant moved to suppress the evidence gathered during the traffic stop, arguing in part that it was not supported by reasonable suspicion. The trial court determined [...]