State v. Chavez9/14/2004
nsidered to be law enforcement officers. They do, however, carry handcuffs, pepper spray, flashlights, and batons and drive marked vehicles equipped with emergency lights.
7 In denying Chavez's pretrial motion to suppress, the trial court ruled that Corella had had authority "to stop and detain [Chavez's] vehicle," not in his official capacity as a ranger, but as a private citizen. The court held Chavez's erratic and dangerous driving constituted a breach of the peace for purposes of § 13-3884, which provides:
Arrest by private person
A private person may make an arrest:
1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.
2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it. [FN2]
FN2. In fact, the offenses Chavez committed in Corella's presence were felonies, by virtue either of Chavez's previous DUI convictions or his driver's license having been revoked. Presumably because Corella did not know that when he decided to stop Chavez, the parties have focused their arguments on whether a misdemeanor DUI offense, see A.R.S. § 28- 1381(A), (C), can constitute a breach of the peace under § 13-3884(1).
Chavez does not dispute the authority of a tribal ranger to make a citizen's arrest. [FN3] See State v. Goldberg, 112 Ariz. 202, 204, 540 P.2d 674, 676 (1975) (federal agents with limited arrest authority "still have the power to make arrests for violations of state laws as private citizens"). Rather, he argues that his DUI offense was not a breach of the peace for purposes of § 13-3884(1) because a breach of the peace is substantially synonymous with disorderly conduct as defined by A.R.S. § 13-2904(A), which, he contends, does not encompass DUI.
FN3. Nor does he dispute Corella's legal authority as a ranger to stop Chavez's vehicle "to check on [his] welfare."
8 Although this is apparently a case of first impression in Arizona, other jurisdictions have held, and legal treatises recognize, that dangerous or reckless driving, including DUI, amounts to a breach of the peace allowing a private citizen to stop, detain, or arrest the driver. See, e.g., 11 C.J.S. Breach of the Peace § 5 (1995) ("[T]he operation of a motor vehicle while intoxicated is an activity which threatens the public security and involves violence, and as such, it amounts to a breach of the peace."); 12 Am.Jur.2d Breach of Peace and Disorderly Conduct § 9 (1997) (driving while intoxicated and reckless driving included among the varied acts and conduct held or recognized to constitute a breach of the peace); 5 Am.Jur.2d Arrest § 67 (1995) (officer may arrest for DUI "even where the power to arrest without warrant is limited to breaches of the peace, since this offense is held to constitute a breach of the peace, or at least a prospective or anticipated breach.").
9 Supporting the treatises' statements are cases from a number of different jurisdictions. E.g., Edwards v. State, 462 So.2d 581, 582 (Fla.Dist.Ct.App.1985); People v. Niedzwiedz, 268 Ill.App.3d 119, 205 Ill.Dec. 837, 644 N.E.2d 53, 55 (1994); *1096 Commonwealth v. Gorman, 288 Mass. 294, 192 N.E. 618, 620 (1934); City of Troy v. Cummins, 107 Ohio App. 318, 159 N.E.2d 239, 242 (1958); Romo v. State, 577 S.W.2d 251, 253 (Tex.Crim.App.1979); State ex rel. State v. Gustke, 205 W.Va. 72, 516 S.E.2d 283, 291-92 (1999); City of Waukesha v. Gorz, 166 Wis.2d 243, 479 N.W.2d 221, 223 (Ct.App.1981); accord Ruiz v. State, 907 S.W.2d 600, 604 (Tex.Ct.App.1995); Pringle v. State, 732 S.W.2d 363, 368 (Tex.Ct.App.1987); Yates v. State, 679 S.W.2d 534, 537 (Tex.Ct.App.1984). Notably, Chavez has brought to our attention no authority from any jur
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