State v. Johnson, 246 N.C. App. 671

At ~10:00 p.m. on Feb. 16, 2013, Officer Gardin observed Defendant in a pickup at a red light; it was snowing and roads were beginning to be slushy.
When the light turned green Defendant accelerated, revved his engine, and made a left turn; the truck’s rear “fish-tailed” briefly but Defendant retained lane control and did not hit curb or leave lane.
Officer Gardin initiated an immediate traffic stop for what he characterized as an unsafe movement / driving too fast for conditions.
Upon approach Officer Gardin observed signs of intoxication; Defendant later registered .13 on an Intoxilyzer and was arrested for DWI.
District Court suppressed; on de novo review Superior Court denied suppression; this appeal challenges whether the stop was supported by reasonable, articulable suspicion.

Issue	State's Argument	Johnson's Argument	Held
Whether the traffic stop was supported by reasonable, articulable suspicion under Terry	Officer Gardin observed unsafe driving (spun tires, fishtail on snowy road, excessive acceleration) justifying an investigatory stop	The observed conduct was a legal turn and brief loss of traction; no evidence of speeding, no effect on other traffic, mere hunch insufficient	Reversed: the stop was not supported by reasonable suspicion; suppression warranted

Terry v. Ohio, 392 U.S. 1 (1968) (Fourth Amendment permits brief investigative stops based on reasonable, articulable suspicion)
State v. Styles, 362 N.C. 412 (2008) (traffic stops require reasonable suspicion when officer suspects a violation)
State v. Foreman, 351 N.C. 627 (2000) (officer must point to specific, articulable facts supporting suspicion)
State v. Stroud, 78 N.C. App. 599 (1985) (duty to reduce speed for conditions independent of posted limits)
State v. Ivey, 360 N.C. 562 (2006) (discussing traffic-stop standards and statutory interpretation)
Cooley v. Baker, 231 N.C. 533 (1950) (unsafe movement offenses involve conduct affecting operation of another vehicle)