In the alternative, he argues that even if the initial stop of the vehicle was valid, his detention after the issuance of the warning ticket was invalid as it was not based on a reasonable and articulable suspicion that he was involved in criminal activity. For the purposes of this opinion, we will assume that the initial stop of the defendant was valid as we conclude that the detention of the defendant after the issuance of the warning ticket was improper. 99 N.C. App. Once the original purpose of the stop has been addressed, there must be grounds which provide a reasonable and articulable suspicion in order to justify further delay. In Pearson , the Supreme Court reversed this Court and held that the seizure of contraband from the defendant's person was improper and that his motion to suppress this evidence should have been granted.
Many people become nervous when stopped by a state trooper.
Here, Cardwell justified his search of the defendant's vehicle based on his opinion that the defendant was nervous and because the passenger was uncertain as to what day their trip had begun. Therefore, the trial court's order denying the defendant's motion to suppress is Reversed.