Reasonable Suspicion of Sbi Agent
In State v. Brooks, 337 N.C. 132, 446 S.E.2d 579 (1994), the North Carolina Supreme Court determined that reasonable suspicion was not required for an SBI agent to approach the defendant in his vehicle and to engage in discussion with him because the agent's approach did not amount to an investigatory stop or seizure. In Brooks, an SBI agent arrived at a nightclub to execute a search warrant when he observed a green Volkswagen car backed in the parking lot with a male sitting in the driver's seat.
The agent got out of his car and walked over to defendant's car, shined his flashlight on the defendant in the car, and observed an empty unsnapped holster on the passenger's seat.
He asked the defendant where his gun was, and the defendant replied that he was sitting on it.
The agent then asked the defendant to give it to him. Id.
Although the trial court concluded that the officer had "a reasonable suspicion of criminal activity that justified his action . . . when he exited his patrol car and walked over to the defendant's vehicle to investigate," id. at 139, 446 S.E.2d at 584.
The Supreme Court held that no reasonable suspicion was required because the conduct of the officer "did not amount to an investigatory 'stop' and certainly was not a 'seizure.'" Id. at 142, 446 S.E.2d at 586.