State v. Webb

BAIL, Judge, Pro Tern.

The state appeals from an order of the district court suppressing all evidence obtained after the arrest of Stephen Webb for driving under the influence. Because we conclude that the officer had probable cause to arrest Webb for driving under the influence at the time Webb was taken into custody, we reverse the order of the district court and remand the case for further proceedings.

At approximately 2:50 a.m. on the morning of December 29, 1988, Deputy Wayne Fuchs of the Canyon County Sheriff’s Department was dispatched to a location along State Highway 55 in Canyon…