State v. Tillett

In State v. Tillett and State v. Smith, 50 N.C. App. 520, 274 S.E.2d 361 (1981), a law enforcement officer observed an automobile at about 9:40 p.m. entering a heavily wooded dirt road leading "to a number of seasonal residences, only one of which was occupied at that time of the year." Id. at 524, 274 S.E.2d at 364. The officer, aware of "firelighting" deer reports near the site, stopped the vehicle when it emerged from the area. The Court concluded that, based upon the officer's experience, it was not unreasonable "to infer from the facts that the occupants of the vehicle were engaged in some sort of criminal activity," id., in view of the time of day and the officer's prior knowledge of the propensity of the area for criminal conduct, id.; See State v. Fox, 58 N.C. App. 692, 695, 294 S.E.2d 410, 412-13 (1982)(reasonable suspicion existed for investigatory stop when: defendant driving slowly down dead-end street where businesses had previously been robbed; defendant dressed shabbily but vehicle was a "real nice" car; defendant did not communicate with officer but appeared to avoid his gaze in passing, and 4) the stop occurred in the early morning hours), aff'd, 307 N.C. 460, 298 S.E.2d 388 (1983).