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Bruns v. State4/16/2003
Edward Bruns appeals his conviction for driving while intoxicated. He argues that the evidence against him was obtained illegally, after the police stopped him without reasonable suspicion of wrongdoing.
According to the undisputed facts, Nome Police Officer Daniel Bennett saw Bruns driving a pickup truck early in the morning on November 7, 2001. Bruns attracted Bennett's attention because Bruns was traveling at about ten miles per hour under the speed limit. Approximately ten minutes later, Bennett saw Bruns again. While Bennett watched, Bruns stopped at an intersection in the left-hand lane of the road, then made a right-hand turn from this left lane. A few moments later, Bruns ran a stop sign. Bennett pulled Bruns over and discovered that he was intoxicated.
Bennett observed Bruns commit two traffic violations - making an illegal right turn, and failing to stop for a stop sign. Bennett was therefore justified in stopping Bruns. Moreover, leaving aside the fact that Bruns committed these traffic violations, we conclude that Bennett's observations supported a reasonable suspicion that Bruns was driving while intoxicated - thus providing an independent justification for the stop. See Ebona v. State, 577 P.2d 698, 701 (Alaska 1978).
We note that, when Officer Bennett testified at the suppression hearing, he did not offer this same rationale for stopping Bruns. However, the legality of the stop does not depend on Officer Bennett's subjective reasons for making the stop. Rather, the legality of the stop is judged under an objective test: "whether the facts known to the officer at the time of the stop would cause a reasonable person to [suspect] that the manner in which the ... vehicle was being operated posed a threat of imminent public danger". Ebona, 577 P.2d at 701. Here, the facts establish the requisite reasonable suspicion.
The judgment of the district court is AFFIRMED.
Page 1 Alaska DUI Attorneys
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