State v. Phifer, 226 N.C. App. 359 (Apr. 2, 2013)

The trial court improperly denied the defendant’s motion to suppress. An officer saw the defendant walking in the middle of the street. The officer stopped the defendant to warn him about impeding the flow of street traffic. After issuing this warning, the officer frisked the defendant because of his “suspicious behavior,” specifically that the “appeared to be nervous and kept moving back and forth.” The court found that “the nervous pacing of a suspect, temporarily detained by an officer to warn him not to walk in the street, is insufficient to warrant further detention and search.”