State v. Noble

Banke, Chief Judge.

This is an appeal by the state from the grant of a motion to suppress evidence in a prosecution for driving under the influence of alcohol and unlawful possession of less than one ounce of marijuana.

The salient facts are not in dispute. The arresting officer was directing traffic at the scene of a grass fire when an unidentified motorist pulled to a stop beside him and announced, “Officer, you need to check the man behind me. I believe he is drunk.” Acting on this information, the officer instructed the defendant, who was the driver of the vehicle immediately following the…