State v. Jennings

MCFADDEN, Judge.

The state appeals from the trial court’s order granting a motion to suppress evidence seized after an unlawful arrest. Because the evidence presented at the suppression hearing supports the trial court’s finding that the arresting officer did not have probable cause to suspect the defendant of driving under the influence of alcohol to the extent that he was a less safe driver, the trial court’s decision is not clearly erroneous, and we affirm.

When reviewing a trial court’s order on a motion to suppress, we must construe the evidence most favorably to uphold the findings and…