State v. Shephard

MlKELL, Judge.

Defendant Gary Paul Shephard was charged with driving under the influence of alcohol (“DUI”), having an unlawful blood alcohol concentration, striking a fixed object, and weaving on a roadway. He filed a motion to suppress evidence gathered inside his home following a warrantless entry by the police and to suppress statements he made due to Miranda violations. After a hearing, the trial court granted Shephard’s motion to suppress, and the state appeals. We affirm the trial court’s ruling.

It is well settled that when reviewing a trial court’s decision regarding a motion to…