State v. Roberson
2004 N.C. App. LEXIS 295, 163 N.C.App. 129, 592 S.E.2d 733 (2004)
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Rule of Law:
An eight-to-ten-second delay in proceeding through a green traffic signal, without any other signs of erratic driving, does not provide an officer with the reasonable, articulable suspicion required to conduct an investigatory traffic stop. Such a delay, even when considered with contextual factors like the late hour, falls within the broad range of normal driving behavior and amounts to an unparticularized suspicion or hunch.
Facts:
- At approximately 4:30 a.m. on October 19, 2001, Deputy J. S. Eaton and Ellen Monica Roberson were stopped in their respective vehicles on opposite sides of an intersection at a red light.
- No other vehicles were in the area.
- When the traffic light turned green, Deputy Eaton proceeded through the intersection, but observed that Roberson's vehicle remained stationary.
- Deputy Eaton observed Roberson looking straight ahead.
- After Deputy Eaton traveled approximately one city block, Roberson's vehicle still had not moved, having been stationary for an estimated eight to ten seconds.
- As Deputy Eaton executed a U-turn to approach Roberson's vehicle from behind, she proceeded through the intersection in a lawful manner.
- The stop occurred in an area with many bars and restaurants during a local "furniture market" event, which the deputy associated with increased DWI incidents.
Procedural Posture:
- Ellen Monica Roberson was arrested and charged with driving while impaired.
- At the trial court level, Roberson filed a motion to suppress evidence obtained during the traffic stop, arguing it was an unconstitutional seizure.
- The trial court granted Roberson's motion to suppress.
- The State of North Carolina, as the appellant, appealed the trial court's order to the Court of Appeals of North Carolina. Roberson is the appellee.
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Issue:
Does a driver's eight-to-ten-second delay in proceeding through a green traffic light, without any other observed erratic driving, create a reasonable, articulable suspicion of criminal activity sufficient to justify an investigatory traffic stop?
Opinions:
Majority - Judge Bryant
No. A driver's eight-to-ten-second delay at a green light, without more, does not create a reasonable, articulable suspicion of criminal activity to justify an investigatory stop. The court reasoned that an officer must have more than an 'unparticularized suspicion or hunch' to justify a seizure. The court adopted the rationale from other jurisdictions, noting that a motorist's attention can be diverted for numerous innocent reasons, and a brief delay falls within the 'broad range of what can be described as normal driving behavior.' The absence of any other erratic driving, such as weaving or speeding after Roberson proceeded, further undermined the officer's suspicion. Contextual factors like the late hour and proximity to bars were insufficient to transform an otherwise innocent action into a basis for a stop, especially since the bars were required to have stopped serving alcohol over two hours prior. Therefore, the stop was based on a mere hunch and was unconstitutional.
Analysis:
This case establishes a key precedent in North Carolina by clarifying the threshold for reasonable suspicion in the context of minor driving anomalies. The court's decision limits police discretion by holding that an isolated, ambiguous act, such as a brief delay at a traffic light, is insufficient to justify a stop, even when coupled with general contextual factors like time and location. This aligns North Carolina with other states that require more specific and particularized observations of potentially illegal activity before an officer can conduct a 'Terry' stop of a vehicle. The ruling reinforces the principle that police seizures cannot be based on mere hunches or conduct that falls within the wide spectrum of normal, albeit imperfect, driving behavior.
