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State v. Smith9/29/2000
m.App. 1999). However, if the trial court did not find Cpl. Hyde's testimony that Smith was operating the car erratically to be credible or for some other reason chose to discount Cpl. Hyde's testimony on this issue, the trial court would be correct in concluding that there was neither probable cause nor reasonable suspicion for the stop and in suppressing the State's evidence on that basis.
Under the circumstances of this case, in order for this court to conduct a meaningful review, it is necessary for the trial court to clarify the basis of its decision in light of the relevant legal principles. Accordingly, we remand this case to the trial court with directions for that court to make written findings of fact and conclusions of law pertinent to the issue whether Cpl. Hyde had a reasonable suspicion for making the initial stop of Smith's car. Because the trial court's determination in this regard could (although not necessarily) compel inquiry into the remaining grounds in Smith's motion to suppress, in the interest of judicial economy, we further direct the trial court to make written findings of fact and conclusions of law pertinent to the events that occurred after Smith's car was stopped, addressed particularly to Cpl. Hyde's alleged detection of the odor of burnt marijuana emanating from Smith's car, Cpl. Hyde's other observations at the scene and the information he obtained following the stop, and Smith's alleged consent to the search of his car. Due return of the trial court's written findings and conclusions of law should be filed with this court within 35 days of the date of this opinion. We pretermit discussion of the remaining issues raised by the State pending return to remand.
REMANDED WITH DIRECTIONS.
McMillan, Cobb, Baschab, and Fry, JJ., concur.
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