Legal Topics

Criminal law — Driving under influence — Search and seizure — Investigatory stop 

Dec 12th, 2023 in by admin

Criminal law — Driving under influence — Search and seizure — Investigatory stop — Arrest — Where officer responding to dispatch regarding reckless driver who caused property damage drove to address of registered owner of vehicle and observed defendant sitting in driver’s seat of running damaged vehicle, investigatory stop was lawful based on officer’s observation of defendant in actual physical control of vehicle and fact that officer was investigating accident — State was not required to prove that vehicle was capable of immediate self-powered mobility as element of proving actual physical control of vehicle — Motion to suppress is denied