Unlike the Court of Appeals cases in which weaving within a lane was found to be
insufficient to support reasonable suspicion, the weaving here was constant and
Prior Caselaw - Limited Weaving
In Fields the defendant weaved only three times over the course of a mile and a half. 195 N.C. App. at 741, 673 S.E.2d at 766. Similarly, in State v. Peele, there was only one instance of weaving. 196 N.C. App. 668, 671, 675 S.E.2d 682, 685, disc. rev. denied, 363 N.C. 587, 683 S.E.2d 383 (2009).
National Highway Traffic Safety Administration NHTSA Definition of Weaving
"Weaving occurs when the vehicle alternately moves toward one side of the roadway and then the other, creating a zig-zag course. The pattern of lateral movement is relatively regular as one steering correction is closely followed by another."
Reasonable Suspicion vs. Probable Cause
A criminal act need not occur before an officer may initiate a stop. In Terry v. Ohio, the law enforcement officer observed lawful conduct, "a series of acts, each of them perhaps innocent in itself, but which taken together warranted further investigation." Terry, 392 U.S. at 22, 88 S. Ct. at 1880-81, 20 L. Ed. 2d at 907.
Practical Considerations of Everyday Life
reasonable suspicion standard is a "commonsense, nontechnical conception[ ] that deal[s] with ,, "the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians act." " " Ornelas v. United States, 517 U.S. 690, 695, 116 S. Ct. 1657, 1661, 134 L. Ed. 2d 911, 918 (1996) (quoting Illinois v. Gates, 462 U.S. 213, 231, 103 S. Ct. 2317, 2328, 76 L. Ed. 2d 527, 544 (1983) (quoting Brinegar v. United States, 338 U.S. 160, 175, 69 S. Ct. 1302, 1310, 93 L. Ed. 1879, 1890 (1949))).