Driving too slow on a military base is not RS

Defendant’s driving too slow at night on a military reservation was not reasonable suspicion. Court’s initial conclusion that it was is reversed and the stop suppressed. United States v. Pompa, 2008 U.S. Dist. LEXIS 72988 (S.D. Ga. September 24, 2008):

Again and again courts have recognized that driving well below the speed limit, even late at night, is in and of itself insufficient to furnish reasonable suspicion. See generally Johnson v. Sprynczynatyk, 2006 ND 137, 717 N.W.2d 586 (N.D. 2006) (no reasonable suspicion to stop driver traveling between eight and ten miles per hour in a 25 m.p.h. zone at 12:43 a.m.); Faunce v. State of Florida, 884 So.2d 504 (Fla. Dist. Ct. App. 2004) (no reasonable suspicion to stop truck traveling 10-15 m.p.h. in a 35 m.p.h. zone at 11:00 p.m.); Richardson v. State of Texas, 39 S.W.3d 634 (Tex. App. 2000) (no reasonable suspicion to stop vehicle traveling 45 m.p.h. in a 65 m.p.h. zone at 2:00 a.m.). Most courts recognize that some other indicia of impairment is necessary. See. e.g. State v. Hiatt, 184 N.C. App. 190, 645 S.E.2d 902, at *3 [published in full-text format at 2007 N.C. App. LEXIS 1292] (N.C. Ct. App. 2007) (unpublished table opinion) (finding reasonable suspicion where defendant “was driving 15 m.p.h. under the speed limit and weaving within the lane”); State of Iowa v. Miller, 682 N.W.2d 83, at *1, 3 [published in full-text format at 2004 Iowa App. LEXIS 527] (Iowa Ct. App. 2004) (unpublished opinion) (finding reasonable suspicion to stop defendant who was traveling below speed limit, stopped 15 feet away from stop line at a traffic light, made an abrupt stop that caused the front of the vehicle to dip, made an extremely slow left hand turn, failed to acknowledge the officer when he pulled up beside her, and was driving “immediately next to the curb of the road” and weaving to avoid parked vehicles); see United States v. Little, 178 F.3d 1297, at *4 [published in full-text format at 1999 U.S. App. LEXIS 5875] (6th Cir. 1999) (unpublished table opinion) (finding stop constitutional where driver had been traveling at “an unusually slow speed,” had allowed her speed to fluctuate, and had twice crossed the highway’s white shoulder line).

The Court initially concluded that, given the lateness of the hour, the exceptionally slow speed of the SUV and its pausing along (or perhaps in) the roadway for a minute or so pushed this case into the realm of reasonable suspicion. But after further reflection, the Court is now persuaded that defendant’s driving pattern–while somewhat unusual–was not sufficiently anomalous or suspicious in character as to furnish justification for an investigatory seizure of this motorist. There is no evidence that the defendant violated any provision of the Georgia traffic laws prior to the stop.