State v. Mcclendon

In State v. McClendon, 350 N.C. 630, 636, 517 S.E.2d 128, 133 (1999), Sergeant Cardwell ("Cardwell") noticed two cars traveling seven miles over the posted speed limit on Interstate 85 in Greensboro. McClendon, 350 N.C. at 632, 517 S.E.2d at 130. One vehicle was a minivan and following closely behind it was a station wagon driven by defendant. Id. Cardwell called for assistance and they stopped both vehicles. Id., 350 N.C. at 633, 517 S.E.2d at 130. Trooper Lisenby questioned defendant who appeared nervous, did not make eye contact, and was breathing heavily. Id. Defendant did not have the registration for the vehicle. Id. He said that his girlfriend owned the car, but "could not give Trooper Lisenby her name even though the address on defendant's driver's license and the address on the title to the station wagon were the same." Id., 350 N.C. at 633, 517 S.E.2d at 130-31. In State v. McClendon, 130 N.C.App. 368, 502 S.E.2d 902 (1998), an officer observed the defendant speeding while following too closely behind a mini-van. Deducing that the defendant's vehicle and the mini-van were traveling together, the officer and one of his colleagues stopped both vehicles. One officer first spoke with the driver of the mini-van and issued him a warning ticket for speeding. The other officer spoke with the defendant, whose hand was trembling and who was unable to find the vehicle's registration or identify the vehicle's owner. The officer further questioned the defendant and ran a license check of defendant's driver's license and the vehicle registration. The address on the defendant's license matched that of the registration. Still, the name specified by the defendant as the vehicle's owner did not appear on the title. The officer issued a warning ticket for speeding and following too closely. After the defendant refused to consent to a search, the officers performed a canine sniff of the vehicle's exterior, and the canine alerted to the rear of the defendant's vehicle. A subsequent search of the car floorboard revealed a quantity of marijuana. This Court noted that although the scope of the defendant's detention must be "'carefully tailored to its underlying justification,'" the investigating officers "'may ask the detainee a moderate number of questions to determine his identity and to try to obtain information confirming or dispelling the officer's suspicions.'" Id. at 375, 502 S.E.2d at 906-07. These questions and other similarly limited investigatory measures must be "'legitimately aimed at confirming the defendant's identity'" and must be "'reasonably related to the purpose of issuing a warning ticket,'" i.e., the purpose of the underlying stop. Id. at 375, 502 S.E.2d at 907. The Court found that the questions asked by the officers following the initial traffic stop were "legitimately aimed at confirming" the officer's suspicions that criminal activity was afoot. Id. at 376, 502 S.E.2d at 907. The Court found that the detention of the defendant subsequent to the issuance of the warning ticket (during which time the canine sniff was performed) was also justified by a reasonable suspicion. The Court noted that the officers' suspicion was based on facts gleamed from the questioning of the defendant during the traffic stop, including defendant's nervousness, inconsistent and vague answers, and other factors. Id. at 378, 502 S.E.2d at 908. In State v. McClendon, 350 N.C. 630, 636, 517 S.E.2d 128, 133 (1999), the Court held that "nervousness, like all other facts, must be taken in light of the totality of the circumstances . . . nervousness is an appropriate factor to consider when determining whether a basis for a reasonable suspicion exists." McClendon, 350 N.C. at 638, 517 S.E.2d at 134. In affirming the trial court's denial of defendant's motion to suppress, the Court distinguished Pearson from McClendon. Id., 350 N.C. at 638-39, 517 S.E.2d at 134. The Court held: In the case before us, however, defendant exhibited more than ordinary nervousness; defendant was fidgety and breathing rapidly, sweat had formed on his forehead, he would sigh deeply, and he would not make eye contact with the officer. This, taken in the context of the totality of the circumstances found to exist by the trial court, gave rise to a reasonable suspicion that criminal activity was afoot. Id., 350 N.C. at 639, 517 S.E.2d at 134.