State v. Irvin

THOMAS H. NEWTON, Presiding Judge.

Mr. Roger Irvin was charged with felony possession of marijuana. Mr. Irvin moved to suppress the use of the marijuana as evidence, which the trial court granted in part. The State appeals the order suppressing the evidence.

Factual and Procedural Background

Mr. Irvin was stopped for speeding by a Platte County deputy sheriff who detected a strong odor of alcohol emanating from the car. The deputy conducted a field sobriety test on Mr. Irvin who failed it and refused to complete the other tests. Thereafter, Mr. Irvin was arrested. Another deputy sheriff arrived…