State v. Hankey

SCHROEDER, Justice.

Paul Albert Hankey (Hankey) appeals the judgment of conviction for a felony driving under the influence, Idaho Code §§ 18-8004 and 18-8005(7), arguing that the police obtained the evidence against him through an improper investigatory stop. The district court denied Hankey’s motion to suppress the use of the evidence. Hankey entered a conditional plea of guilty, preserving the right to appeal the denial of the suppression motion. The Court of Appeals vacated the judgment of conviction, concluding that the State had not met its burden of establishing that the investigatory…