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Johnson v. State9/28/2001
acts sufficient to give rise to a reasonable suspicion of criminal conduct. This case is analogous to Semich v. State, where the defendant, at a late hour, abruptly changed his course of travel prior to a checkpoint and was observed weaving within his lane. There this Court held that " lthough turning around to avoid police is not alone sufficient to justify a stop, combined with weaving and the late hour it is." Similarly, in present case, around 1:45 a.m. officers observed Johnson make a u-turn prior to reaching a police road check and weave within his lane. In light of the combination of these factors, officers had reasonable and articulable grounds to stop Johnson on the suspicion that he was engaging in criminal conduct.
4. Since we hold that there was reasonable and articulable suspicion for the stop of Johnson's vehicle, even if the court did err in failing to hear Johnson's motion to suppress, such error would have been harmless.
Judgment affirmed.
Andrews, P. J., and Eldridge, J., concur.
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