State v. McClellan

Defendant appeals from a judgment of conviction for driving under the influence of intoxicants. On appeal, he argues that the trial court erred in denying his motion to suppress. The state concedes that, on the record before it, the trial court erred in denying the motion. It argues, however, that it did not have fair notice that defendant was challenging the validity of his stop (as opposed to his companion’s stop) and should be permitted to introduce additional evidence on that issue on remand. We accept the state’s concession that the motion to suppress should have been granted. We…