People v. Anderson

Defendant was charged with possession of a controlled substance and possession with intent to deliver. Court erred in grating Defendant's motion to suppress evidence found in the vehicle in which Defendant was a passenger. Officer had observed driver weaving within a single lane 5 hours earlier, but did not arrest driver at that time. Officer then observed driver leave its lane of travel twice and cross partly into the adjacent lane, touching a lane marker. This gave officer reasonable, articulable suspicion that the driver was impaired and a basis to conduct an investigative stop. (BIRKETT and ZENOFF, concurring.)