Tracey West, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee — Valihura, J., Concurring

Summary

Justice Valihura concurred only in the judgment, agreeing that West's seizure was lawful but rejecting the view that her pre-stop driving established reasonable suspicion of driving under the influence. She reasoned that the stop was justified by the officer's objectively reasonable mistake of fact that West had failed to remain within a single lane, and that signs of intoxication observed after the stop justified extending the detention for a DUI investigation. The concurrence cautioned that treating weaving within a lane and a corrective swerve as pre-stop DUI suspicion risks authorizing overly intrusive investigations without sufficient evidence.