State v. Fleming

In State v. Fleming, 106 N.C. App. 165, 415 S.E.2d 782 (1992), a police officer observed the defendant and another man standing between two apartment buildings in an area where numerous arrests for drug offenses had occurred and where the officer knew crack cocaine and other contraband were sold daily. Fleming, 106 N.C. App. at 166, 415 S.E.2d at 783. The officer then stopped the defendant and patted him down for the sole reason that the officer had not seen the defendant and the other man before. Id. at 167, 415 S.E.2d at 783. Our Court held that these facts were insufficient to create a basis for an investigatory stop. Id. at 170-71, 415 S.E.2d at 785-86.