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State v. Scheller4/14/2004
vided the officer with reasonable suspicion that Scheller was driving while intoxicated. See State v. Otto, 566 N.W.2d at 509 (concluding the stop of a car which was weaving at sharp angles was justified); State v. Tompkins, 507 N.W.2d 736, 740 (Iowa Ct. App. 1993) (holding that weaving within own lane of traffic is sufficient to give rise to reasonable suspicion of operating while intoxicated); State v. Dorendorf, 359 N.W.2d 115, 117 (N.D. 1984) (concluding officers were justified in stopping a vehicle that exhibited a "smooth, continuous weave").
We believe the evidence in this case of specific and articulable facts giving the officer reasonable suspicion to believe criminal activity is occurring are as follows: (1) the officer's experience and training; (2) the officer's observation of the defendant's pickup drifting toward the right-hand curb on at least two occasions - once it appeared to the officer the defendant would go upon the curb; (3) the defendant leaving a stop light quickly after it turned green and driving thirty miles per hour in a twenty-five-mile-per-hour zone; (4) the defendant making a wide swerve to avoid a parked car, which in the officer's opinion the swerve was not smooth or normal because the defendant's vehicle went completely in the opposite lane; (5) the defendant's vehicle drifting into the left-hand side of the road after it crossed railroad tracks; and (6) the failure of the defendant to stop when the officer turned on his red lights. Instead, the defendant chose to continue driving until he reached his driveway.
We therefore conclude the officer had reasonable suspicion to stop Scheller's vehicle and the motion to suppress should have been denied.
REVERSED AND REMANDED.
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