City of Wichita v. MolitorAnnotate this Case
A law enforcement officer, while working on a saturation patrol, stopped a vehicle driven by Defendant and conducted a DUI investigation. Defendant failed the horizontal gaze nystagmus (HGN) test but passed the walk-and-turn and one-leg-stand tests. The officer subsequently requested a preliminary breath test (PBT), the results of which led to Defendant’s arrest and conviction for DUI. Defendant moved to suppress the PBT and breath test results. At the suppression hearing, the district court found that although an HGN test result was inadmissible at trial, it could be used to support “probable cause,” and, under the totality of the circumstances, there was reasonable suspicion to request the PBT. The Court of Appeals affirmed, concluding (1) the HGN test could be used to establish reasonable suspicion of DUI that would permit a request for a PBT; and (2) even if the HGN test results were excluded, the officer had enough other evidence to form a reasonable suspicion of DUI. The Supreme Court reversed, holding that the HGN test results were inappropriately relied upon to establish the requisite reasonable suspicion that permitted the officer to request that Defendant submit to a PBT, and the error was not harmless. Remanded.