State v. Nielsen

**89 *161 INTRODUCTION

Matthew W. Nielsen was convicted for driving under the influence, after having submitted to a pre- Birchfield blood draw. Based upon the exclusionary rule's good faith exception, the county court denied Nielsen's motion to suppress. On appeal, the district court affirmed. On appeal to this court, Nielsen contends that the exception does not apply and that the State failed to raise the issue in the county court. Because our holding in State v. Hoerle 2 controls and because the State sufficiently raised the issue, the county court correctly denied the motion and the district…