Smith's Criminal Case Compendium
Table of Contents
State v. Lopez, 219 N.C. App. 139 (Feb. 21, 2012)
Reasonable suspicion supported the length of the stop. The officer’s initial questions regarding the defendant’s license, route of travel, and occupation were within the scope of the traffic stop. Any further detention was appropriate in light of the following facts: the defendant did not have a valid driver’s license; although the defendant said he had just gotten off work at a construction job, he was well kept with clean hands and clothing; the defendant “became visibly nervous by breathing rapidly[;] . . . his heart appeared to be beating rapidly[,] he exchanged glances with his passenger and both individuals looked at an open plastic bag in the back seat of the vehicle”; an officer observed dryer sheets protruding from an open bag containing a box of clear plastic wrap, which, due to his training and experience, the officer knew were used to package and conceal drugs; and the defendant told the officer that the car he was driving belonged to a friend but that he wasn’t sure of the friend’s name.