State v. Jackson, 368 N.C. 75 (Jun. 11, 2015)

Reversing the decision below, State v. Jackson, 234 N.C. App. 80 (2014), the court held that an officer had reasonable suspicion for the stop. The stop occurred at approximately 9:00 pm in the vicinity of Kim’s Mart. The officer knew that the immediate area had been the location of hundreds of drug investigations. Additionally, the officer personally had made drug arrests in the area and was aware that hand to hand drug transactions occurred there. On the evening in question the officer saw the defendant and another man standing outside of Kim’s Mart. Upon spotting the officer in his patrol car, the two stopped talking and dispersed in opposite directions. In the officer’s experience, this is typical behavior for individuals engaged in a drug transaction. The officer tried to follow the men, but lost them. When he returned to Kim’s Mart they were standing 20 feet from their original location. When the officer pulled in, the men again separated and started walking in opposite directions. The defendant was stopped and as a result contraband was found. The court found these facts sufficient to create reasonable suspicion to justify the investigatory stop. The court noted that its conclusion was based on more than the defendant’s presence in a high crime and high drug area.