State v. Au
Annotate this CaseA law enforcement officer pulled over Defendant's vehicle because it momentarily crossed over the divider line between two eastbound lines on an interstate. Because of suspicions he developed while issuing a warning ticket for the alleged traffic violation, the officer searched the vehicle and discovered cocaine in the trunk. Defendant was charged with unlawful possession with intent to deliver a controlled substance. Defendant filed a motion to suppress, which the district court overruled. The court subsequently convicted Defendant as charged. Defendant appealed the denial of his motion to suppress. The Supreme Court reversed, holding (1) evidence that Defendant's vehicle momentarily crossed a lane divider line, without more, did not establish a statutory violation and thereby provide probable cause for a traffic stop; and (2) because the officer admitted that this "happens all the time" and failed to distinguish how this case differed from normal behavior, there was not reasonable suspicion of criminal activity sufficient to support an investigatory stop. Remanded.
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