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State v. Loh10/26/2000
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Benny A. Graff, Judge.
AFFIRMED.
Opinion of the Court by Kapsner, Justice.
[ ] Wayne J. Loh appeals from his judgment of conviction, raising the issue of the trial court's denial of his motion to suppress evidence, arguing the law enforcement officer did not have a reasonable and articulable suspicion to justify stopping Loh's vehicle. We affirm, concluding the officer had probable cause to conduct the investigatory vehicle stop.
I.
[ ] On May 6, 1999, at around 9:30 p.m., a law enforcement officer noticed Loh's vehicle traveling slowly, confirmed by radar to be traveling 32 miles per hour in a 55-mph zone. The officer followed the vehicle for approximately five miles, observing the vehicle cross the fog line twice and the center line once, as well as noticing "a lot of in-lane weaving." After the police dispatcher indicated Loh was the registered owner of the vehicle, the officer ran a driver's license check and determined Loh's license was suspended. When the officer stopped the vehicle to investigate whether the driver was under the influence of alcohol, Loh identified himself to the officer and admitted he had a suspended driver's license. The officer detected an odor of alcohol and conducted field sobriety tests. The officer arrested Loh for driving under suspension. After searching the vehicle, the officer found alcohol in the vehicle, including one opened bottle that was almost empty. The officer did not cite Loh for driving while intoxicated or having an open container of an alcoholic beverage.
[ ] Subsequently, Loh filed a motion to suppress the evidence obtained from the investigatory stop. Loh testified he had slowed down to read the street sign because he was looking for a particular street. Loh testified he did not cross the center line or fog lines and did not believe he had weaved in the traffic lane. The trial court denied Loh's motion to suppress, finding the officer had probable cause to stop the vehicle because the officer observed Loh cross the fog and center lines. Because Loh had been drinking, the trial court concluded Loh had a less clear recollection of the erratic driving than the officer. Loh appeals.
II.
[ ] We affirm the decision of a trial court on a motion to suppress, after resolving conflicting evidence in favor of affirming the decision, unless we conclude there is insufficient evidence to support the decision or the decision goes against the manifest weight of the evidence. State v. Kenner, 1997 ND 1, 7, 559 N.W.2d 538. Recognizing the importance of the trial court's opportunity to observe witnesses and assess their credibility, we accord great deference to the trial court's decision in suppression matters. Id.
[ ] The law is clear regarding investigative stops of vehicles. To legally stop a vehicle, an officer must have a reasonable and articulable suspicion that a motorist has violated or is violating the law. Id. at 8. Although the concept of reasonable suspicion is not readily reduced to a neat set of legal rules, we have held that reasonable suspicion does require more than a "mere hunch." Id. Reasonable suspicion is a less stringent standard than probable cause. Kahl v. Director, N.D. Dep't of Transp., 1997 ND 147, 12, 567 N.W.2d 197. To establish probable cause, an officer must have reasonable trustworthy information sufficient to warrant a person of reasonable caution to believe an offense has been or is being committed. City of Bismarck v. Glass, 1998 ND App 1, 13, 581 N.W.2d 474. Probable cause to believe a motorist has violated a traffic law ren
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