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ID: Trial court's crediting officer's suppression hearing testimon was binding despite conflict with prelim testimony

By John Wesley Hall, Jr.

The trial court credited the officer’s testimony at the suppression hearing despite an inconsistency with the preliminary hearing testimony as to when the search occurred. This was binding on the appeals courts, and the court of appeals erred in reversing on that ground. State v. Munoz, 2010 Ida. LEXIS 41 (March 16, 2010).* Defendant’s arrest for DUI justified a search incident under Gant or Belton for evidence of the DUI. State v. Cantrell, 2010 Ida. App. LEXIS 19 (March 16, 2010).* The defendants were stopped for weaving, and the officer noticed they were nervous and gave inconsistent versions of their trip. He got a drug dog out to sniff the car while they were stopped, and that was not unreasonable. Shelton v. State, 2010 Miss...continue to full post

Full post as published by Fourth Amendment on March 19, 2010 (boomark / email).