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Marshall v. State6/25/1997
Campus police arrested Daniel Len Marshall off campus for driving while intoxicated. Marshall refused chemical testing and, as a result, the Wyoming Department of Transportation (DOT) suspended his license pursuant to Wyoming's implied consent statute. The Office of Administrative Hearings (OAH) upheld the suspension, finding that the campus police officer had statewide jurisdiction and therefore the authority to make the off-campus stop and arrest. Marshall seeks review of the hearing examiner's order.
We reverse.
Appellant Marshall poses the following issues:
A. Whether the Hearing Examiner ruled contrary to law in deciding that the campus peace officer in this case did not exceed his jurisdiction due to the fact that campus peace officers have "statewide jurisdiction."
B. Whether the fresh pursuit doctrine operates to make legal the campus peace officer's arrest of Appellant.
C. Whether consideration of the Appellant's refusal to submit to chemical testing as required by Wyoming Statute Section 31-6-102, is precluded due to the unlawful stop and arrest, and the exclusionary rule.
Appellee, Wyoming Department of Transportation, responds with the following issue:
Does the record contain substantial evidence to establish compliance with the implied consent statute? In particular, does the record establish that the officer made a lawful arrest, that the officer obtained probable cause to believe that Appellant had been driving under the influence on a public street or highway, and that Appellant refused to submit to a chemical test?
Marshall reframed the issues in his reply brief as:
A. Whether the fresh pursuit doctrine operates to make legal the campus peace officer's arrest of Appellant.
B. Whether, if the fresh pursuit doctrine does not make legal the campus peace officer's arrest of Appellant, the campus peace officer's arrest of Appellant was a legal citizen's arrest.
FACTS
On February 4, 1996, Sheridan College Police Officer John R. Burch heard a broadcast on his police radio, reporting a stolen 1994 burgundy Oldsmobile Ciera with a Sheridan Motors plate on the front and a dealer plate on the back. Later that morning, Officer Burch spotted Marshall driving past the Sheridan College campus on U.S. Highway 87 in a maroon 1984 Oldsmobile. Officer Burch was unable to clearly see Marshall's license plates, but because of the similarity in the color and model of Marshall's automobile to the car reported stolen, Officer Burch pulled onto Highway 87 behind Marshall. After following Marshall for approximately one mile, Officer Burch pulled him over. At that time Marshall was not on the Sheridan College campus, nor had he previously ventured on to the campus.
Once Marshall was stopped, Officer Burch realized that Marshall's vehicle was not the stolen car. However, he became suspicious that Marshall was driving under the influence of alcohol because he detected a strong odor of alcohol and noted that Marshall's speech was slurred and he was unsteady on his feet. After conducting field sobriety tests, Officer Burch placed Marshall under arrest for driving while under the influence (DWUI). Based on Marshall's refusal to undergo chemical testing after his arrest, DOT suspended his license pursuant to W.S. 31-6-102 (1994).
Marshall requested a contested case hearing, which the OAH conducted on March 18, 1996. The hearing examiner determined that the stop and subsequent arrest of Marshall were supported by a reasonable articulable suspicion and that Officer Burch acted within his jurisdiction. As a result, the exam
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