Judge Adrian Armstrong

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Swanson was charged with DWI and leaving the scene of an accident with property damage, among other things, and a combined probable cause, suppression and refusal hearing was held. Police received calls reporting an accident, describing a black male exiting a white Mercedes that struck a fence. Police observed Swanson fitting the description walking several blocks from the accident scene and directed him to stop. Swanson indicated he was not driving, but officers noticed his slurred speech and alcohol on his breath, with a Mercedes key in Swanson’s hand. He was handcuffed and taken to the accident scene, where a caller identified him as the man exiting the vehicle after colliding with the fence. Swanson was arrested and taken to the police department, admitting on the ride to the station that he was driving the vehicle. Yet, at the station he refused four times to take the chemical test. The court found police had more than sufficient evidence to support a finding they had a founded suspicion of criminality. Also, evidence established the showup identification took place promptly after Swanson was apprehended, and lacked undue suggestiveness. Thus, it denied Swanson’s motion for suppression.

Judge Adrian Armstrong

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Swanson was charged with DWI and leaving the scene of an accident with property damage, among other things, and a combined probable cause, suppression and refusal hearing was held. Police received calls reporting an accident, describing a black male exiting a white Mercedes that struck a fence. Police observed Swanson fitting the description walking several blocks from the accident scene and directed him to stop. Swanson indicated he was not driving, but officers noticed his slurred speech and alcohol on his breath, with a Mercedes key in Swanson’s hand. He was handcuffed and taken to the accident scene, where a caller identified him as the man exiting the vehicle after colliding with the fence. Swanson was arrested and taken to the police department, admitting on the ride to the station that he was driving the vehicle. Yet, at the station he refused four times to take the chemical test. The court found police had more than sufficient evidence to support a finding they had a founded suspicion of criminality. Also, evidence established the showup identification took place promptly after Swanson was apprehended, and lacked undue suggestiveness. Thus, it denied Swanson’s motion for suppression.