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County of Dodge v. Dittberner3/16/2000
ically, smelled of intoxicants, walked slowly and deliberately and was uncooperative). Thus, field sobriety tests are but one part of the totality of circumstances to be taken into account by the arresting officer.
. Second, there was sufficient evidence for a reasonable police officer to conclude that there was more than a mere possibility that Dittberner had been driving while under the influence. When Nehls first observed Dittberner, he noticed that Dittberner was driving slowly and traveling down the middle of the roadway. Nehls also observed a beer can being thrown out the driver's side window. When Nehls approached Dittberner's vehicle, Dittberner used loud and vulgar speech, yelling at Nehls, "yeah, you're fucking Nehls, you're a pig, I know who you are." Dittberner smelled of intoxicants and was unsteady on his feet. Given these facts, we conclude that Nehls had probable cause to arrest Dittberner for OMVWI, when he detained him until other law enforcement arrived.
CONCLUSION
. We conclude that Dittberner's detention by an off-duty police officer, in which that officer used physical force to prevent Dittberner from leaving the area, constituted an arrest. However, because we conclude that Dittberner's arrest was based on probable cause, we affirm.
By the Court. -- Judgment affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)4.
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