STATE v. RINCON

No. 46322.

147 P.3d 233 (2006)

The STATE of Nevada, Appellant, v. Abraham RINCON, Respondent.

Supreme Court of Nevada.

December 7, 2006.


Attorney(s) appearing for the Case

George Chanos, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Joseph R. Plater III, Deputy District Attorney, Washoe County, for Appellant.

Jeremy T. Bosler, Public Defender, and John Reese Petty, Chief Deputy Public Defender, Washoe County, for Respondent.

Before BECKER, HARDESTY and PARRAGUIRRE, JJ.


OPINION

HARDESTY, J.

In this appeal, we consider whether the fact that a motorist is driving below the speed limit is, by itself, sufficient to give rise to a reasonable suspicion of driving while intoxicated warranting an investigative stop. While reasonable suspicion is not a stringent standard, we conclude that it requires more than a mere observation that a motorist is driving slowly. There must be additional indicia of erratic driving or unusual behavior...

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