State v. Sevy

LANSING, Judge.

In the magistrate division of the district court, Michael Sevy entered a conditional plea of guilty to driving under the influence of alcohol. Sevy reserved the right to appeal the magistrate’s denial of a motion to suppress incriminating evidence obtained by a police officer following his stop of Sevy’s vehicle. The district court, in its appellate capacity, affirmed the denial of Sevy’s suppression motion. On Sevy’s further appeal to this Court, we conclude that the officer’s stop of Sevy’s vehicle was unjustified and that the derivative evidence therefore must be suppressed.

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