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State v. Villeda7/20/2004
Teer Co., 41 N.C. App. 273, 275, 254 S.E.2d 658, 660 (1979)).
With respect to the validity of traffic stops, this Court has held: While there are instances in which a traffic stop is also an investigatory stop, warranting the use of the lower standard of reasonable suspicion, the two are not always synonymous. A traffic stop made on the basis of a readily observed traffic violation such as speeding or running a red light is governed by probable cause. Probable cause is `a suspicion produced by such facts as indicate a fair probability that the person seized has engaged in or is engaged in criminal activity.' On the other hand, a traffic stop based on an officer's mere suspicion that a traffic violation is being committed, but which can only be verified by stopping the vehicle, such as drunk driving or driving with a revoked license, is classified as an investigatory stop, also known as a Terry stop. Such an investigatory-type traffic stop is justified if the totality of circumstances affords an officer reasonable grounds to believe that criminal activity may be afoot.
State v. Wilson, 155 N.C. App. 89, 94-95, 574 S.E.2d 93, 97-98 (2002) (quoting State v. Young, 148 N.C. App. 462, 470-71, 559 S.E.2d 814, 820-21 (2002) (Greene, J., concurring) (citing State v. Hamilton, 125 N.C. App. 396, 399, 481 S.E.2d 98, 100 (1997) (officer had probable cause to stop the vehicle for the purpose of issuing seatbelt citations because he had observed both the driver and the defendant without seatbelts)) (citations omitted), appeal dismissed and disc. review denied, 356 N.C. 693, 579 S.E.2d 98 (2003).
Thus, if Trooper Carroll did in fact observe a seatbelt violation, he had probable cause to stop defendant. In this case, however, there was evidence stemming from the Internal Affairs interview that, due to the city lights reflecting off the car windows, Trooper Carroll could not see inside vehicles driving in front of him at night on the stretch of road on which defendant was stopped. Accordingly, there was competent evidence to support the trial court's finding that "the allegation that [defendant] failed to wear his seat belt [wa]s incredible." This finding, coupled with the fact that the seatbelt violation was Trooper Carroll's sole reason for the stop in turn suffices to support the trial court's conclusion that Trooper Carroll's stop of defendant was unjustified and constituted an unreasonable search and seizure in violation of defendant's constitutional rights. Since dismissal by the trial court on this basis was proper, we need not address the State's final argument in its brief to this Court that defendant's evidence was insufficient to establish racial profiling in violation of the Equal Protection Clause.
Affirmed.
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