[¶ 13] In a prior decision, we held that a vehicle weaving within its own lane may be enough to justify the stop of that vehicle. State v. Dorendorf, 359 N.W.2d 115, 117 (N.D. 1984). We have also held that weaving in one's own lane combined with a minor infraction or other suspicious activity may justify the stop of a vehicle.
Driving or weaving upon the wrong half of the roadway is a traffic violation under N.D.C.C. § 39-10-08(1). See Zimmerman, at 481-82 (deciding a reasoning mind could have concluded Zimmerman committed a traffic violation by crossing the center line out of her lane of traffic); State v. VandeHoven, 388 N.W.2d 857, 859 (N.D. 1986) (concluding weaving provided sufficient basis to create an articulable and reasonable suspicion VandeHoven was violating the law); State v. Dorendorf, 359 N.W.2d 115, 116-17 (N.D. 1984) (concluding the officers had the requisite reasonable suspicion to stop Dorendorf after observing his vehicle weaving within its own lane of traffic). But see Salter, 505 N.W.2d at 113-14 (deciding an officer's observation of "slight" or "minimum" weaving was insufficient to serve as a valid basis for stopping Salter's vehicle).
"[t]he law governing investigative stops of automobiles is clear: an officer must have an articulable and reasonable suspicion that a motorist is violating the law in order to legally stop a vehicle. State v. Indvick, 382 N.W.2d 623 (N.D. 1986); State v. Dorendorf, 359 N.W.2d 115 (N.D. 1984)." [Emphasis added.]
Deputy McTavish testified that Neset's vehicle weaved from side to side in its own lane of travel and that Neset failed to signal for a right-hand turn. We have previously held, in State v. Dorendorf, 359 N.W.2d 115 (N.D. 1984), that an officer's observation of a vehicle weaving within its own lane of travel justified a stop of the vehicle to determine the cause of the weaving. In the instant case, Deputy McTavish also observed that a right turn was executed without using a directional signal.
The Otto court cited a case from North Dakota that found reasonable suspicion existed to justify stopping a vehicle after the officers observed the driver's "smooth, continuous weave within his own lane of traffic" that the officer characterized as "erratic," as compared to other driving observed on the night in question. See State v. Dorendorf, 359 N.W.2d 115, 117 (N.D. 1984). The weaving in this case was not "sharp, like a jerk of the driver" nor was there veering at "sharp angle[s]" to the left and right like that observed in Otto, 566 N.W.2d at 511.
hicle for investigation. Ebona v. Alaska, 577 P.2d 698, 699 (Alaska 1978) (holding observations of continual weaving of vehicle within its lane, and of driver walking in unsteady manner earlier, justified stop); State v. Superior Court, 149 Ariz. 269, 274, 718 P.2d 171, 175 (1986) (holding vehicle weaving within its lane was a specific and articulable fact justifying investigative stop); State v. Field, 252 Kan. 657, 663-64, 847 P.2d 1280, 1285 (1993) (holding trial court erred in dismissing complaint against driver; vehicle weaving within its lane over several blocks is sufficient to constitute reasonable suspicion); State v. Ellanson, 293 Minn. 490, 490-91, 198 N.W.2d 136, 137 (1972) (holding vehicle weaving within its lane justified stop to investigate cause); State v. Thomte, 226 Neb. 659, 663, 413 N.W.2d 916, 919 (1987) (holding vehicle weaving in its lane two times provided articulable basis or reasonable suspicion for stopping a vehicle for investigation of driver's condition); State v. Dorendorf, 359 N.W.2d 115, 116-17 (N.D. 1984) (holding vehicle weaving within its lane for one-eighth to one-quarter of a mile justified investigatory stop; officer described driving as erratic); People v. Perez, 175 Cal.App.3d Supp. 8, 11, 221 Cal.Rptr. 776, 778 (Cal. Super. 1985) (holding pronounced weaving of vehicle within its lane for a substantial distance provides officer with reasonable cause to stop vehicle on suspicion of driving under influence); Brown v. State, 595 So.2d 270, 270 (Fla.Dist.Ct.App. 1992) (holding continual weaving of vehicle within its lane and slowing to 45 m.p.h. and then accelerating to 55 m.p.h. several times justified stop; officer described driving as erratic); People v. Loucks, 135 Ill. App.3d 530, 533, 90 Ill.Dec. 286, 287, 481 N.E.2d 1086, 1087 (1985) (holding vehicle weaving within its lane continuously for two blocks provided sufficient basis for investigatory stop); State v. Huckin, 847 S.W.2d 951, 955 (Mo.Ct.App. 1993) (holding vehicle drifting to center line and back toward shoulder four
In State v. Dorendorf, we held the officers had the requisite reasonable suspicion to stop the vehicle after observing the vehicle weaving within its own lane of traffic. 359 N.W.2d 115, 116-17 (N.D. 1984). By contrast, "slight" or "minimum" weaving does not justify a traffic stop.
See Zimmerman, at 481–82 (deciding a reasoning mind could have concluded Zimmerman committed a traffic violation by crossing the center line out of her lane of traffic); State v. VandeHoven, 388 N.W.2d 857, 859 (N.D.1986) (concluding weaving provided sufficient basis to create an articulable and reasonable suspicion VandeHoven was violating the law); State v. Dorendorf, 359 N.W.2d 115, 116–17 (N.D.1984) (concluding the officers had the requisite reasonable suspicion to stop Dorendorf after observing his vehicle weaving within its own lane of traffic). But see Salter, 505 N.W.2d at 113–14 (deciding an officer's observation of ‘slight’ or ‘minimum’ weaving was insufficient to serve as a valid basis for stopping Salter's vehicle).”
[¶ 10] This Court held that a smooth, continuous weaving within a lane may be enough to justify an investigative stop. State v. Dorendorf, 359 N.W.2d 115, 116–17 (N.D.1984). Courts in other jurisdictions have held that continuous weaving within a lane may or will justify a stop. See State v. Ellanson, 293 Minn. 490, 198 N.W.2d 136 (1972); State v. Field, 252 Kan. 657, 847 P.2d 1280 (1993).
By contrast, in State v. Dorendorf, the Court affirmed a judgment of driving under the influence. 359 N.W.2d 115 (N.D. 1984). Dorendorf had been driving at 1:00 a.m., and law enforcement noticed the vehicle was weaving within its lane of traffic. Id. The Court determined the officers had seven and nine years of law enforcement training, had made investigatory stops based on circumstances similar to the situation at hand, and had described the driving as erratic.