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STATE v. REESE

No. 24006.

978 P.2d 212 (1999)

132 Idaho 652

STATE of Idaho, Plaintiff-Respondent, v. Mark REESE, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 1998 Term.

April 2, 1999.

Attorney(s) appearing for the Case

Alan E. Trimming, Ada County Public Defender; Gary S. Reedy, Deputy Public Defender, Boise, for appellant. Gary S. Reedy argued.

Hon. Alan G. Lance, Attorney General; Teresa A. Sobotka, Deputy Attorney General, Boise, for respondent. Teresa A. Sobotka argued.

SCHROEDER, Justice.

This is an appeal from an order of the district court vacating the magistrate's order suppressing evidence.

I.

BACKGROUND AND PRIOR PROCEEDINGS

Mark Reese (Reese) was cited for driving under the influence (DUI) and driving without privileges. He filed a motion to suppress. The only evidence offered was the arresting officer's report. The magistrate suppressed evidence based upon the following findings:

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