 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
North Carolina v. Battle3/16/1993
was occurring, or was about to occur.
Therefore, Officer Beekin did not have the reasonable suspicion necessary to make the stop of defendant's vehicle, based either on his own observations or on any particular information communicated to him by Officer Harmon. A reasonable and cautious officer in the position of Officer Harmon, however, would have thought that there existed a substantial possibility that defendant would leave the parking lot driving the automobile. Accordingly, prior to the time Officer Harmon communicated his request to "be on the lookout" for the red four-door Pontiac, he did have the requisite reasonable suspicion that criminal activity was about to occur, specifically that defendant, whom Officer Harmon believed to be impaired, would leave the parking lot operating the vehicle. The fact that Officer Harmon did not instruct Officer Beekin "to stop" the vehicle is not material because the instructions to "be on the lookout" for the vehicle were tantamount to a request "to stop" the vehicle. The fact is that Officer Beekin did stop the vehicle in response to the communication from Officer Harmon. The stop was therefore constitutional, and the evidence obtained as a consequence of the stop was admissible.
The order of the trial court suppressing the evidence obtained as a result of the stop is therefore
Reversed and remanded.
Judges JOHNSON and MARTIN concur.
Disposition
Reversed and remanded.
|