Stateo v. Heinrichs

Defendant-appellant, Herbert L. Heinrichs, appeals from his conviction and sentence for DWI. Heinrichs argues that the arresting officer had insufficient cause to stop him; thus, his motion to suppress should have been granted. We agree. Because it is clear from the record that all of the evidence against Heinrichs resulted from the arresting officer’s stop, Heinrichs’ conviction is reversed and he is ordered discharged.

I

Sheriff’s Deputy William E. Grice was conducting a routine patrol of the Greenville Country Club (“country club”) at about 1:00 a.m. on July 29, 1986. Although he was aware…