State v. Connor

CLIFFORD, J.,

with whom LEVY, J., joins, dissenting.

[¶ 13] I do not disagree that there was more than sufficient evidence presented by the State that would support the denial of Connor’s motion to suppress the evidence of his intoxication. The findings recited by the court, however, made in response to Connor’s specific request to the court for findings, and on which the court stated it was relying, in my view do not provide a sufficient basis to justify the stop. Accordingly, I respectfully dissent.

[¶ 14] At the suppression hearing, after listening to the officer’s testimony and the arguments…