Brittian v. State

Andrews, Presiding Judge.

Following a bench trial upon stipulated facts, Brian Brittian appeals his DUI conviction, contending that the trial court improperly denied his motion to suppress/in limine. That motion was premised on Brittian’s contention that the officer did not have a reasonable, articulable suspicion justifying a Terry 1 stop. The trial court, after hearing the officer’s testimony, found that no Terry stop had occurred and the contact between officer and citizen was a “first tier stop” not requiring articulable suspicion. We agree.

In reviewing denial of a motion to suppress or in…