Judge Andrew Engel
Heald was charged with driving while intoxicated, among other things. A Mapp/Dunaway/Huntley hearing was held, and Heald’s motion to suppress was denied. He moved for reargument, and upon same, suppression of all evidence. Heald claimed the inaccuracies in the court’s prior decision warrant reargument. He claimed the court failed to properly apply the Aguilar-Spinellitest of reliability, and basis of knowledge to the information an unidentified witness provided an officer at the scene before stopping Heald’s van to investigate his participation in the alleged fight. The court noted the issue was if there was reasonable suspicion the vehicle’s occupants had been, were then, or about to engage in conduct in violation of the law. It ruled as officers only needed a reasonable suspicion, not probable cause, to justify the initial stop of the vehicle, it was unnecessary to meet the test for probable cause. The officer had information of the fight imparted in a face-to-face encounter with the witness, enhancing the informant’s reliability. Also, upon Heald’s stop by police, the officer observed clues of intoxication, concluding Heald was drunk and arrested him. Thus, the court granted Heald’s reargument motion, but adhered to its original decision, denying suppression.
