State v. GardnerAnnotate this Case
At a bench trial, Defendant, who was cited for excessive speeding, orally moved to suppress the citing officer’s laser gun reading on the grounds that proper foundation for the gun had not been laid. The district court denied the motion, and Defendant was subsequently found guilty. The Intermediate Appellate Court (ICA) affirmed. The Supreme Court reversed, holding that the ICA erred in concluding that the laser speed reading was admissible because the State failed to lay a proper foundation for the admission of the laser gun reading where the requirement regarding the nature and extent of the citing officer’s training was not met.