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HOLLSTEIN v. STATE

No. A-9780.

175 P.3d 1288 (2008)

Michael Scott HOLLSTEIN, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

February 15, 2008.

Attorney(s) appearing for the Case

Carmen E. Clark, Ingaldson, Maassen & Fitzgerald, Anchorage, for the Appellant.

Jarom B. Bangerter, Assistant District Attorney, and Roman J. Kalytiak, District Attorney, Palmer, and Talis J. Colberg, Attorney General, Juneau, for the Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

MANNHEIMER, Judge.

Michael Scott Hollstein was charged with driving under the influence.1 Hollstein's attorney decided to argue that Hollstein's arrest had been illegal. She filed an eleven-page motion in which she argued that the officer who arrested Hollstein had lacked probable cause to believe that he was under the influence.

However, instead of labeling her motion a "motion to suppress", the defense...

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