Swerving Sufficient to Justify Traffic Stop

US v. Egan, Docket No. 06-3426 (10th Cir. Nov. 27, 2007) (unpublished): Mr. Egan was the passenger in a small "box-type" moving truck traveling through Kansas on I-70. A sheriff's deputy saw the truck veer toward the right side of the right traffic lane, causing the right rear tire to cross the "fog line" onto the shoulder. The truck then returned to the lane. This occurred two or three more times in about a mile, and once both of the right rear dual tires crossed the fog line. Concerned about that the driver might be sick, tired, or drunk, or having mechanical problems, the deputy stopped the truck. The deputy asked the driver for her papers and asked her about her travel plans. He then, for some reason, asked Mr. Egan, the passenger about his travel plans. The two stories were different. The deputy returned the documents to the driver, issued a warning, and said she was free to leave. BUT, he then asked her if he could ask a few more questions. Soon, both the driver and Mr. Egan had given consent to a search of the truck. Marijuana was found hidden in the couches in the truck.

Mr. Egan challenged the stop, asserting that there was no reasonable suspicion to stop the truck because Kan. St. Ann. section 8-1522 only requires a driver to maintain a single lane "as nearly as practicable," and the movement of the truck was minimal in light of the windy weather conditions. The court rejected the argument and distinguished US v. Gregory, 79 F.3d 973 (10th Cir. 2006), noting that in this case there were three instances of swerving and not one, as in Gregory. Additionally, the district court addressed the windy conditions, finding that the deviation in this case was more than would have been caused by the weather. There was also no reason to believe the swerving was in response to the deputy's presence. Thus, reasonable suspicion justified the stop.