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Pharo v. Tucson City Court and Honorable Ann Bowen9/6/1990
-->162 Ariz. 370, 783 P.2d 816 (App.1989), in which we upheld a stop based on an anonymous tip that a described vehicle was involved in a drug transaction, but both Olson and Teigen are distinguishable in any event because the tips were phoned in and consisted of nothing more than a vehicle description and a statement that the driver was drunk.
Contrary to appellant's assertion, the recent United States Supreme Court case of Alabama v. White, U.S. , 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990), also supports our conclusion that the stop here was proper. There, the police received an anonymous telephone tip regarding White's possession of cocaine. Although the Court noted that the tip was insufficient by itself to provide a reasonable suspicion to stop, the additional corroboration made by the officers was held to be sufficient.
PROBABLE CAUSE TO ARREST
Appellant next argues that Officer Sainz lacked probable cause to arrest her. We disagree. "Probable cause is information sufficient to justify belief by a reasonable man that an offense is being or has been committed." State v. Heberly, 120 Ariz. 541, 544, 587 P.2d 260, 263 (App.1978). If the trial court's ruling on the existence of probable cause is supported by substantial evidence, we will affirm that ruling. State v. Marquez, 135 Ariz. 316, 660 P.2d 1243 (App.1983).
In this case, after the two officers stopped appellant's car, Sainz observed appellant's bloodshot eyes and asked to see her driver's license. Because it was in her purse in the back seat, appellant got out of the car. Sainz then engaged appellant in a discussion after she showed him her county attorney's badge. As a result of his observations of her appearance, her speech, her demeanor, and her condition, Sainz decided to arrest her for DUI. His testimony about those observations was sufficient to establish probable cause to arrest her.
Finally, appellant argues that an officer may arrest a person for a misdemeanor without a warrant only when the misdemeanor is committed in his presence, citing A.R.S. § 13-3883(2). We find no merit to
appellant's contention that Sainz could not arrest her because he did not see her commit any driving violations. Appellant was clearly driving the car. The crime of DUI is committed by driving or being "in actual physical control of any vehicle within this state" while under the influence of intoxicating liquor. A.R.S. § 28-692(A). Because the officers saw appellant driving the car, the offense was committed in their presence. Moreover, A.R.S. § 13-3883(4) authorized the arrest under the circumstances where probable cause was, in any event, developed or confirmed during the investigative stop.
Affirmed.
General Footnotes
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