State v. Overocker

GEER, Judge.

The State appeals the trial court’s order granting defendant Joseph Overocker’s motion to suppress and dismissing the charges against him based on a lack of probable cause to arrest defendant for impaired driving and unsafe movement. We hold that the trial court’s findings of fact are supported by the evidence and in turn support the court’s conclusion of law that the reasons relied upon by the officer for the arrest did not provide the officer with probable cause that defendant was either impaired or had engaged in unsafe movement. We, therefore, affirm the order to the extent it…