People v. Jorlantin

I. Introduction

In this appeal, we review the district court's affirmance of the county court's grant of the defendant's motion suppressing testimony of the arresting officer's observations at the time of the stop and arrest of the defendant in a driving under the influence cage. 1 We reverse. Absent evidence to the contrary, we hold that when a defendant files a motion to suppress claiming that his Fourth Amendment rights were violated, this initial allegation suffices to establish that he was the victim or aggrieved party of the alleged invasion of privacy. Hence, the pros ecution does not…