 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
City of College Place v. Staudenmaier3/28/2002
r. Ferguson was not in custody for purposes of Miranda when he was questioned by either law enforcement officer. Id. at 568. The court noted that the questioning occurred in public. And that the questions were brief, straightforward, and nondeceptive. Id.
Here, Mr. Staudenmaier was standing near his car when the backup officer asked him whether he felt affected by the alcohol he had drank. RPII at 37, 154. Mr. Staudenmaier was not free to leave. But his freedom was not curtailed to the degree normally associated with formal arrest. Ferguson, 76 Wn. App. at 568; see State v. Rivard, 131 Wn.2d 63, 76, 929 P.2d 413 (1997) (suspect who was told not to leave and read his Miranda rights, but who 'was not physically apprehended, restrained, handcuffed, placed in a police vehicle, nor driven to the police station' was not under arrest).
Mr. Staudenmaier argues that the probable cause determination should be influenced by the fact that Officer Locati believed he had probable cause to arrest before the questioning by the backup officer. One can be arrested with or without probable cause--the presence of probable cause determines whether the arrest is lawful, not whether there was in fact an arrest. See State v. Green, 70 Wn.2d 955, 958, 425 P.2d 913 (1967) ('probable cause {is} essential to support a lawful arrest'). Probable cause is not then relevant to the custody question. D.R., 84 Wn. App. at 836.
Mr. Staudenmaier also argues that he was detained for over 15 minutes--longer than the general traffic stop. And while that may be true, the defendant in Ferguson was forced to remain at the scene for more than 30 minutes. Ferguson, 76 Wn. App. at 562-63 (accident occurred shortly after 11:30 p.m.; State trooper did not arrive on the scene until shortly after midnight).
The judgment of the trial court is affirmed.
Sweeney, J.
WE CONCUR:
Kurtz, C.J.
Brown, J.
Page 1 2 3 4 Washington DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|