State v. Tedder

KNUDSON, J.:

This is an interlocutory appeal by the State from an order of the district court suppressing evidence in a driving under the influence (DUI) prosecution. The controlling facts are not in material dispute. A Reno County deputy sheriff observed Jason Tedder s truck stopped at an intersection. Tedder was asleep at the wheel; the truck was running and still in gear. The deputy opened the truck door and noticed a strong smell of alcohol. There *142was an open beer can on the truck’s console. Tedder was arrested for illegal transportation of liquor, taken to the police station, and given…