Recently, a state appellate court issued an opinion in a New York DUI case requiring the court to assess the lower court’s decision to grant the defendant’s motion to suppress. In a pre-trial motion, the court suppressed evidence obtained by the arresting officer, finding that the officer lacked justification to stop the defendant. However, on appeal, that ruling was reversed.
The Facts of the Case
According to the court’s opinion, a police officer received a call reporting that the driver of a white Nissan was smoking marijuana while driving. The caller provided the license plate of the vehicle as well as its direction of travel. Oddly enough, the officer who received the call was actually driving right behind the white Nissan. The officer observed as the car’s wheels traveled over the curb and momentarily onto the sidewalk as it made a right turn.
The officer pulled over the defendant, who was driving the Nissan. Upon the officer’s approach, she noticed the smell of marijuana coming from inside the vehicle. The defendant was arrested for driving while intoxicated.