Background

• Defendant Kevin Michael Chlopek was arrested for driving while impaired on April 25, 2008; he moved to suppress evidence, which the trial court denied on December 10, 2009, and he pled guilty while reserving the right to appeal the suppression ruling.
• Deputies Chamblee and Chapman conducted an unrelated traffic stop in the Olde Waverly subdivision when Chamblee observed Chlopek drive a dinged-up construction-style Chevy pickup with a dog inside the vehicle.
• The stop that led to the suppression motion occurred about 20–30 minutes after the initial stop, as Deputy Chapman initiated the stop of Chlopek’s vehicle upon exiting the subdivision.
• At the suppression hearing, the trial court found facts including the vehicle type, the time, the location in a partially developed subdivision, and the copper theft concerns in Wake County.
• Chlopek did not challenge the trial court’s factual findings, and the court concluded the stop was supported by reasonable suspicion based on the totality of the circumstances.
• The Court of Appeals held that the trial court’s findings did not support reasonable suspicion and reversed the denial of the suppression motion, remanding for further proceedings.

Issues

Key Cases Cited

• State v. Campbell, 359 N.C. 644, 617 S.E.2d 1 (2005) (reasonable suspicion standard for investigatory stops)
• State v. Murray, 192 N.C.App. 684, 666 S.E.2d 205 (2008) (cannot rely on generalized area factors; must articulate vehicle-specific facts)
• Delaware v. Prouse, 440 U.S. 648, 99 S. Ct. 1391, 59 L. Ed. 2d 660 (1979) (traffic stops constitute seizures; need reasonable suspicion)
• Illinois v. Wardlow, 528 U.S. 119, 120 S. Ct. 673 (2000) (establishes reasonable suspicion standard for stop)
• Brown v. Texas, 443 U.S. 47, 99 S. Ct. 2637 (1979) (privacy interests require objective justification for stops)