State v. Atkinson

LANSING, Judge.

Stanton E. Atkinson pleaded guilty to misdemeanor driving under the influence of alcohol, (DUI), I.C. § 18-8004. His plea was conditional, reserving the right to appeal from the magistrate’s prior denial of Atkinson’s motion to suppress evidence. The district court affirmed the magistrate’s decision on the suppression motion. We, like the district court, conclude that the magistrate’s decision was correct.

FACTUAL AND PROCEDURAL BACKGROUND

According to the magistrate’s findings, based upon testimony at the hearing on Atkinson’s suppression motion, the following facts gave rise to…