State v. Nathan David Neal

SUBSTITUTE OPINION

THE COURT’S PREVIOUS OPINION ISSUED NOVEMBER 4, 2015 IS HEREBY WITHDRAWN

BURDICK, Justice.

This case is before the Court on a petition for review. The magistrate granted Neal’s motion to suppress; on appeal the district court reversed, and the Court of Appeals affirmed. We reverse the district court.

BACKGROUND

Shortly before midnight on November 14, 2012, Boise Police Officer Ryan Thueson began following Nathan David Neal in a patrol car. Thueson observed Neal drive his pickup onto, but not across, the line at the edge of the roadway (the “fog line”) near the intersection of…