State v. Ziebart

The state appeals from a pretrial order suppressing evidence in a criminal case. We reverse and remand.

On May 28, 1999, Officer Maria Mignano saw a minivan stopped beside the road with a flat tire. She stopped to help the two women in the minivan. After she did so, she noticed defendant. Defendant had apparently also stopped his motorcycle to help the women. Mignano and defendant were trying to find the spare tire and get it down. Mignano testified that, standing near defendant, she detected an odor of alcohol. She also noticed that he “had an uneven gait at that time. * * * [H]e was…