DUI police citizen encounter-Investigatory Stop-Motion to suppress granted

Jan 28, 2021

Where deputy approached defendant who was talking on cell phone in lawfully parked vehicle in hotel parking lot and observed open container of beer in vehicle, deputy requested defendant’s driver’s license and advised that he would be searching her vehicle, and deputy directed defendant to exit her vehicle and began administering field sobriety exercises, encounter was investigatory stop. Where, at time deputy seized defendant by directing her to exit vehicle, he had no evidence that defendant was in actual physical control of vehicle by possessing keys and had observed no indicia of impairment other than flushed face, deputy lacked reasonable suspicion for seizure. Motion to suppress is granted.

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