STATE v. BARNARD

No. 347A07.

658 S.E.2d 643 (2008)

STATE of North Carolina v. Kenneth BARNARD.

Supreme Court of North Carolina.

April 11, 2008.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Daniel S. Johnson, Special Deputy Attorney General, for the State.

Anne Bleyman, Chapel Hill, for defendant-appellant.

The Avery, P.C., by Isaac T. Avery, III, Raleigh, for North Carolina Association of Police Attorneys, and Kimberly N. Overton, Raleigh, for North Carolina Conference of District Attorneys, amici curiae.


NEWBY, Justice.

In this case we determine whether defendant's constitutional rights were violated by the traffic stop that led to his convictions. Based on the totality of the circumstances here, defendant's thirty-second delay before proceeding through a green traffic light gave rise to a reasonable, articulable suspicion that he may have been driving while impaired. Because the stop of defendant's vehicle was constitutional...

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