and his companion dispersed “upon spotting” Officer Brown in his marked patrol car. No finding of fact states that Defendant made eye contact with Officer Brown, and no testimony at the suppression hearing would have supported such a finding. Indeed, Officer Brown testified that, at the time he saw Defendant and his companion outside Kim’s Mart, it was “dark” and that, “as soon as they observed my police vehicle, you had [Defendant... walk east, as if he was walking into the store. And then [his companion] actually walked west, away from the store.” 4 . The time of the stop, 9:00 p.m., cannot be considered a suspicious time to be at Kim’s Mart, since that establishment was apparently open for business. See, e.g., State v. Rinck, 303 N.C. 551, 555-60, 280 S.E.2d 912, 916-20 (1981) (<HOLDING>); State v. Blackstock, 165 N.C. App. 50, 59,
holding that the forceable stop at issue was an investigatory stop rather than an arrest holding that circumstances created reasonable suspicion for investigatory stop holding that circumstances supporting a reasonable basis for a stop included the defendants walking along a road at an unusual hour of approximately 135 am holding circumstances supporting reasonable suspicion to make a stop included that the defendant was on a comer on which recent multiple drugrelated arrests had been made holding officer had a reasonable basis to stop a motorist for crossing the fog line and that failure to have regard for the width and use of the street by swerving off the side of the road or crossing the marker lines constitutes probable cause for a traffic stop