State v. Munoz

EISMANN, Chief Justice.

This is an appeal from the denial of a motion to suppress. The central issue is whether the district court erred in believing the officer’s testimony during the suppression hearing, where that testimony was irreconcilable with the same officer’s testimony during the preliminary hearing. We hold that the credibility of witnesses is for the trial court to determine and uphold the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

On July 5, 2005, Detective Jason Pietrzak of the Garden City Police Department and another detective drove in an unmarked car to a…