State v. Wiant

OPINION OF THE COURT

R. JAMES STROKER, Circuit Judge.

The State has appealed the order of the trial court granting the Defendant’s Motion to Suppress. There is little dispute concerning the facts but considerable debate concerning the legal basis of the trial courts ruling. The ruling of the trial court does come to this court with a presumption of correctness, but it would have been helpful if findings had been made when the suppression was ordered.

*38The State has strenuously argued that the officer in this case had legal grounds to make a traffic stop, and, once made, had the authority to…