Smith's Criminal Case Compendium
Table of Contents
State v. Peele, 196 N.C. App. 668 (May. 5, 2009)
Neither an anonymous tip nor an officer’s observation of the vehicle weaning once in its lane provided reasonable suspicion to stop the vehicle in this DWI case. At approximately 7:50 p.m., an officer responded to a dispatch concerning “a possible careless and reckless, D.W.I., headed towards the Holiday Inn intersection.” The vehicle was described as a burgundy Chevrolet pickup truck. The officer immediately arrived at the intersection and saw a burgundy Chevrolet pickup truck. After following the truck for about 1/10 of a mile and seeing the truck weave once in its lane once, the officer stopped the truck. Although the anonymous tip accurately described the vehicle and its location, it provided no way for officer to test its credibility. Neither the tip nor the officer’s observation, alone or together established reasonable suspicion to stop.