IA: Stop for weaving not justified where the video didn’t support it

Where the video of defendant’s driving did not show anything other than normal driving, the officer’s testimony was not supported and the motion to suppress the stop should have been granted. State v. Wilkerson, 2012 Iowa App. LEXIS 551 (July 11, 2012).*

Defendant was detained for a murder and complained that he wasn’t under arrest, and he “actually complains that he was advised of his Miranda rights too many times.” The intervening fact that precipitated his confession was that his alibi blew up on him. The confession was of a free will. Delhall v. State, 95 So. 3d 134 (Fla. 2012):

In the instant case, Delhall went voluntarily to the police station without handcuffs and spoke to several officers at length. No threat or force was used. He was not handcuffed during the interview. The intervening event which could reasonably have precipitated his confession was learning that Marcia Berry, his alibi witness, did not support his claim that he was with her when McCrae was killed. Thus, under Brown, the totality of the circumstances tends to show that even if at some point in the consensual interview Delhall was “arrested,” his confession was still voluntary and sufficiently an act of free will to purge any taint of an illegal arrest.