City of College Place v. Staudenmaier3/28/2002
signment of error for two reasons. First, the court's decision to allow argument is generally, and should be, discretionary. See State v. Bandura, 85 Wn. App. 87, 93, 931 P.2d 174 (1997) (court held that granting oral argument on posttrial motion is discretionary 'so long as the movant is given the opportunity to argue in writing his or her version of the facts and law'). This is especially true here since the superior court was acting as an appellate court. And appellate courts have discretion to decide cases with or without oral argument. RAP 11.6.
Second, any error would be harmless, anyway. We review the decision of the district court, not the superior court, for errors of law. State v. Brokman, 84 Wn. App. 848, 850, 930 P.2d 354 (1997); see State v. Nemitz, 105 Wn. App. 205, 19 P.3d 480 (2001) (discretionary review of decision affirming district court granted; appellate court examined record before district court). And here both issues raised by Mr. Staudenmaier are questions of law. Our review is then de novo. State v. Munguia, 107 Wn. App. 328, 339, 26 P.3d 1017 (2001), review denied, 145 Wn.2d 1023 (2002). And, of course, oral argument in a superior court is of no consequence here. Mr. Staudenmaier's attorney took his full 20 minutes before a panel of this court to enthusiastically, and very competently, outline his position and the authority supporting it.
PROBABLE CAUSE TO ARREST
A police officer's determination of probable cause is reviewed as a mixed question of law and fact. We first review the factual matters, i.e., the who, what, when, and where, for substantial evidence. State v. Hill, 123 Wn.2d 641, 647, 870 P.2d 313 (1994); Bokor v. Dep't of Licensing, 74 Wn. App. 523, 526-27, 874 P.2d 168 (1994). Substantial evidence requires 'a sufficient quantity of evidence in the record to persuade a fair-minded, rational person of the truth of the finding.' Hill, 123 Wn.2d at 644.
We then decide whether the facts support the legal conclusion--probable cause. This is a legal question that we review de novo. See State v. Thorn, 129 Wn.2d 347, 351, 917 P.2d 108 (1996) (holding that the determination of a seizure is a mixed question of law and fact; applying substantial evidence standard to factual findings and de novo standard to whether those facts constitute a seizure).
Here, Mr. Staudenmaier's argument is that the undisputed facts simply do not support the legal determination of probable cause. Our review then is de novo.
Probable cause to make an arrest requires sufficient facts and circumstances to justify a reasonable belief that an offense has been committed. State v. Terrovona, 105 Wn.2d 632, 643, 716 P.2d 295 (1986). It need not, however, be sufficient to convict. State v. Griffith, 61 Wn. App. 35, 39, 808 P.2d 1171 (1991); State v. Gillenwater, 96 Wn. App. 667, 670, 980 P.2d 318 (1999). The probable cause determination is not governed by a 'mechanical rule.' Instead, we consider 'the total facts of each case, viewed in a practical, non-technical manner.' Gillenwater, 96 Wn. App. at 671.
Here, Officer Locati needed to have a reasonable belief that Mr. Staudenmaier was driving under the influence of alcohol to arrest him. And he did. Mr. Staudenmaier's breath smelled strongly of alcohol. RPII at 30-31. His eyes were watery and bloodshot. RPII at 32. And Mr. Staudenmaier told Officer Locati that he had drank five to six beers. RPII at 31.
Mr. Staudenmaier takes issue with Officer Locati's evaluation of his performance during the field sobriety tests. But even were we to view the evidence in a light most favorable to Mr. Staudenmaier (which we are not required to do), the record here shows that he clear
Page 1 2 3 4 Washington DUI Attorneys
DUI Lawyers
|