State v. Gibson

WALTERS, Judge Pro Tem.

Erie K. Gibson appeals from his judgment of conviction following a conditional guilty plea to possession of a controlled substance, reserving the right to appeal the district court’s order denying his motion to suppress evidence. For the reasons set forth below, we reverse the order denying Gibson’s motion to suppress and vacate Gibson’s judgment of conviction.

I

FACTS AND PROCEDURE

In February 2003, at 2:49 in the morning, an officer with the Twin Falls Sheriffs Office observed a vehicle traveling approximately 33 mph on the right shoulder of the road. The officer watched…