State v. Varnson - No. 20130041
Kyle Varnson appeals after conditionally pleading guilty to driving under the influence.
Varnson was stopped and arrested for DUI. He moved to suppress any evidence obtained from the traffic stop and dismiss the charge, arguing the officer lacked reasonable suspicion to make the stop. At the suppression hearing, the arresting officer testified he pulled Varnson over after he saw him weaving and using a cell phone. The officer's "dash cam" was also entered into evidence. Varnson argued the video contradicted the officer's testimony in regard to Varnson's use of his cell phone. The district court denied Varnson's motion to suppress and dismiss, finding the video supported the officer's testimony that Varnson veered over the painted line and appeared to be using his cell phone.
Varnson argues his conviction violates his Fourth and Fourteenth Amendment rights because the law enforcement officer did not have a reasonable and articulable suspicion to stop his vehicle.