State v. Holden

Banke, Judge.

The state appeals the grant of the defendant’s motion to suppress evidence seized during a search of an automobile which he was driving when arrested.

A police officer in an unmarked car began following the defendant after seeing him weave back and forth across the centerline of the highway. The defendant proceeded into an apartment complex and parked in a space in front of one of the buildings, whereupon the officer ordered him out of the vehicle and, based on observations of his behavior and the presence of a “light odor” of alcohol on his breath, arrested him for driving under…