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State v. Barnhill9/7/2004
subjective terms. State v. McClendon, 350 N.C. 630, 635-36, 517 S.E.2d 128, 132 (1999). McClendon does not stand for the proposition that an officer cannot entertain a subjective impression, such as to speed. Rather, it holds that an officer's subjective motivation for stopping a vehicle is irrelevant as to whether there are other objective criteria justifying the stop. Id. at 636, 517 S.E.2d at 131-32 (concluding police had probable cause and were justified in stopping defendant's vehicle for a speeding violation, despite the subsequent investigation for illegal drugs). Thus, the trial court's reliance on McClendon, for the proposition that an officer's suspicion for a stop which was based on that officer's subjective opinion was immaterial, is incorrect.
For the reasons discussed herein, we reverse the order of the trial court and this matter is remanded to the trial court for proceedings consistent with this opinion.
REVERSED AND REMANDED.
Judges WYNN and CALABRIA concur.
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