Lothrop v. State (Original)
Annotate this CaseDefendant was arrested for driving while intoxicated. Prior to his trial, defendant moved to suppress all evidence obtained as a result of the traffic stop on the basis that the officer's traffic stop was improper because he did not have reasonable suspicion that defendant had committed a criminal offense. At the suppression hearing, the officer testified that he saw the car that was driving in front of defendant slow down at the railroad tracks and he saw defendant pass the slowing car on the shoulder. The officer said that he initiated the traffic stop based solely on that behavior. The court held that the officer did not have reasonable suspicion that defendant was illegally driving on an improved shoulder. Accordingly, the court reversed and remanded.
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