State v. Gaylord Jay Colvin

GRATTON, Judge.

The State of Idaho appeals from the district court’s intermediate appellate decision reversing the magistrate’s order denying Colvin’s motion to suppress evidence. We reverse.

I

FACTUAL AND PROCEDURAL BACKGROUND

The magistrate made the following findings of fact: The trooper that stopped Colvin followed him for roughly three to four miles in Lewiston. The trooper observed Colvin weaving within his own lane and driving five miles an hour below the posted speed limit. The trooper continued to follow Colvin on 5th Street. That road initially consists of one northbound lane and two…