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State v. Lewis

Officer Had No Ground to Arrest Driver and Impound Vehicle After Driver Provided Valid Proof of Insurance Coverage

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McMillian, Judge.The State appeals the trial court’s grant of Brent Lewis’ motion to suppress evidence obtained after his car was impounded during a traffic stop. The State argues on appeal that the trial court erred in granting the motion to suppress because the officer had reasonable articulable suspicion for the traffic stop based on information provided by two police databases showing that Lewis had no insurance on the car. Although the database search results may have provided the officer with reasonable articulable suspicion to initiate a stop of Lewis’ vehicle, we affirm the trial court’s grant of the motion to suppress because after Lewis provided valid proof of his insurance coverage, the officer lacked probable cause to issue a traffic citation for driving without insurance and, thus, lacked any basis to impound and inventory Lewis’ car.   In reviewing the grant or denial of a motion to suppress, we apply three fundamental principles as outlined by our Supreme Court: First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support [them]. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment.

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