Miller v. Chenoweth

This appeal by Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter referred to as “Commissioner Miller”), the petitioner herein, challenges a circuit court finding that a law enforcement officer conducted an illegal stop of a driver suspected of driving under the influence of alcohol, and the circuit court’s application of the exclusionary rale to an administrative driver’s license revocation proceeding. Because we conclude that there was no illegal stop, we reverse the circuit court’s order without reaching the issue pertaining to the exclusionary rule.

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