State v. Johnson

YETKA, Justice.

The decisive issue in this case is whether the stop, which led to the arrest and conviction of defendant for driving after revocation, was justified. The district court determined that defendant’s evasive driving conduct immediately after seeing a state trooper gave the trooper an objective basis for suspecting defendant of criminal wrongdoing, thereby justifying a brief limited investigative stop. The court of appeals not only disagreed, but also adopted a “rule” that “an evasive act alone, without other indicia of criminal activity or extreme behavior, does not justify an…