State v. Starkey

ZINTER, Justice.

[¶ 1.] Shanna Starkey was arrested for driving under the influence of alcohol. The stop was based on the officer’s perception that Starkey was attempting to evade the police. The circuit court suppressed the evidence, concluding that the officer lacked reasonable suspicion to justify the stop. We reverse because, under the totality of the circumstances, Starkey’s evasive driving provided reasonable suspicion that criminal activity was afoot.

Facts and Procedural History

[¶ 2.] Around 2:00 a.m. on July 21, 2010, police officer Brian Fletcher was patrolling in downtown Rapid City.…