State v. Reiss

The opinion of the court was delivered by

Nuss, C.J.:

Rex Reiss contends the district court and Court of Appeals both erred in refusing to suppress evidence from a traffic stop that led to his conviction for driving under the influence of alcohol. Reiss asserts he was unlawfully seized, tainting tire evidence and requiring its suppression.

We agree. Evidence was obtained after a seizure unsupported by reasonable suspicion. So we exclude the tainted evidence, reverse Reiss’ conviction that relied upon it, and remand to the district court for further proceedings.

Facts and Procedural History

At…