State v. Marcial
Annotate this CaseConcerned that Defendant had collided with a fire hydrant, a police officer approached Defendant's vehicle and spoke to Defendant, at which time he noticed indicators that Defendant was driving under the influence of alcohol. The officer ultimately arrested Defendant and cited him for driving under the influence (DUI). Defendant filed a motion to suppress the evidence from the stop. The municipal court denied the motion, concluding that the caretaker doctrine started the stop, and it ripened into a proper DUI investigation. Defendant subsequently pled guilty to DUI. The district court affirmed the denial of Defendant's motion to suppress. The Supreme Court affirmed, holding that although the district court based its reasoning on the community caretaker doctrine, the motion to suppress was appropriately denied on the ground that there was particularized suspicion for the stop.
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