 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
CITY OF DODGE CITY v. HADLEY4/18/1997
ed as Robert Hadley. He knew from his own conversation with a witness that Hadley was driving a red Ford pickup. He knew from checking records that the red Ford pickup he saw turn into the lot and park was registered to Hadley. Under 22-2402, an officer is permitted to stop a person in a public place when the officer reasonably suspects that the person is committing, has committed, or is about to commit a crime. Officer Mazza reasonably suspected the man in the red Ford pickup of engaging in disorderly conduct. Even if this was a vehicle stop, under Kansas law, disorderly conduct is a misdemeanor crime against the public peace. K.S.A. 21-4101. He reasonably suspected that Hadley had committed a crime.
Hadley further contends that Officer Mazza lacked probable cause to arrest him because Mazza had not observed Hadley violate any traffic ordinances. In other words, his argument seems to be that the officer must testify that he observed the defendant's driving and that it was impaired in order to establish probable cause to arrest a suspect for driving under the influence .
K.S.A. 1996 Supp. 22-2401 provides, in part:
"A law enforcement officer may arrest a person under any of the following circumstances:
. . . .
"(c) The officer has probable cause to believe that the person is committing or has committed:
. . . .
(2) a misdemeanor, and the law enforcement officer has probable cause to believe that:
(A) The person will not be apprehended or evidence of the crime will be irretrievably lost unless the person is immediately arrested;
(B) the person may cause injury to self or others or damage to property unless immediately arrested." With regard to the provisions of this statute, the court has stated: "In determining whether probable cause to arrest exists, all information in the officer's possession, fair inferences therefrom, and facts may be taken into consideration that might not be admissible on the issue of guilt." State v. Strauch, 239 Kan. 203, Syl. 2, 718 P.2d 613 (1986). Furthermore,
" t is not necessary that the evidence giving rise to such probable cause be sufficient to prove guilt beyond a reasonable doubt, nor must it be sufficient to prove guilt is more probable than not. It is only necessary the evidence lead the officer to believe that guilt is more than a possibility, and it is well-established that the belief may be predicated in part upon hearsay information." State v. Clark, 218 Kan. 726, 731, 544 P.2d 1372, cert. denied 426 U.S. 939 (1976).
The record shows that the following facts, which are consistent with Hadley's being intoxicated, were known to Officer Mazza before he arrested Hadley: Hadley smelled strongly of alcohol, his speech was slurred, he almost fell getting out of his truck, his expression was wooden, his gaze was glazed, and he had difficulty trying to perform the field sobriety test. In addition, the officer knew that the police had received complaints from two retail establishments that a man named Robert Hadley was behaving in a disorderly manner, had been told by someone at the second retail establishment that Hadley was driving south in a red Ford pickup, and knew that the red Ford pickup he saw traveling south was registered to a man named Robert Hadley. These facts are sufficient to support the officer's belief that guilt was more than a possibility. Officer Mazza had probable cause to arrest Hadley. See City of Dodge City v. Norton, No. 76,790, this day decided.
Moreover, evidence that a person is drivi
Page 1 2 3 4 5 6 7 8 9 Kansas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|