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Whitworth v. Director of Revenue3/16/1999
The Director of Revenue appeals the judgment of the trial court reversing the decision of an administrative hearing officer that affirmed the Director's suspension of James Whitworth's driving privileges to operate a motor vehicle as authorized by section 302.505. The suspension resulted from Liberty, Missouri, police officers stopping the vehicle Mr. Whitworth was driving and arresting him when they believed he was then operating the motor vehicle with a blood alcohol content in excess of .10%.
The Director asserts on appeal that the trial court erred in reversing the Director's administrative suspension of Mr. Whitworth's driving privileges because the facts existing when Mr. Whitworth's vehicle was stopped by the law enforcement officers justify the stop and also support the Conclusion that the law enforcement officers had probable cause to arrest Mr. Whitworth for driving while intoxicated. Mr. Whitworth's blood alcohol concentration, determined by breathalyzer test soon after his arrest, equaled or exceeded .10% by weight. Because the breathalyzer test administered after the arrest reflected that Mr. Whitworth's blood alcohol content was then .10 % by weight or more, the Director claims authority to suspend Mr. Whitworth's driving privileges and asserts the validity of the suspension under section 302.505.
The ultimate issue presented is whether the exclusionary rule applies to driver's license revocation proceedings provided for in section 302.505 when law enforcement officers did not have probable cause to stop the person who was driving a motor vehicle and whose driver's license the Director is endeavoring to revoke.
Facts
Two Liberty police officers, riding together in a city police vehicle at about 1:00 a.m., January 14, 1996, observed a pickup truck containing four people exit a vehicular access to small businesses within the Liberty city limits. The vehicular access served doctor's offices, a veterinary office, and a title insurance company located in an area known as "the Cobblestone Businesses." None of the businesses were then open. The vehicular entrance from which the truck exited was the only vehicular access and egress to the businesses. Alerted by superiors to be attentive to suspicious activity because of break-ins and vandalism that had occurred within the city limits of Liberty, the police officers followed the vehicle for several blocks within the city limits and observed the driver of the vehicle commit no traffic infractions. The police officers, utilizing the emergency warning devices on the police vehicle in which they were riding, caused the driver of the vehicle they were following to stop. Mr. Whitworth was driving the vehicle. The police officers determined that Mr. Whitworth appeared to be under the influence of alcohol and took him to the police station where he submitted to a breathalyzer test that reflected his blood alcohol content to be .10 or greater. The Director of Revenue suspended Mr. Whitworth's driving privileges as provided by sections 302.500 - 302.540, and Mr. Whitworth filed his petition for trial de novo.
The police officers acknowledged at the trial on Mr. Whitworth's petition that they had no reason to believe a crime had been committed by the occupants of the vehicle when the officers caused the driver, Mr. Whitworth, to stop. The officers stopped the vehicle because it had exited from the area of the small businesses at about 1:00 a.m., when the businesses were closed; no other business, residences or other entities was accessible from the location; and the police officers wanted to be able to identify the occupants for future inquiry if illegal activity were later proved to have occurred at
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