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State v. Chavez9/14/2004
urth Amendment's requirement of probable cause simply was not implicated here.
15 As a corollary of that general principle, and given the exclusionary rule's primary purpose, which is to discourage unconstitutional conduct by police, see State v. Atwood, 171 Ariz. 576, 667, 832 P.2d 593, 684 (1992) (Corcoran, J., specially concurring); State v. Windus, 207 Ariz. 328, 16, 86 P.3d 384, 387 (App.2004), courts have refused to apply the exclusionary rule to evidence obtained through the unlawful actions of private citizens. See, e.g., State v. Rice, 110 Ariz. 210, 211-12, 516 P.2d 1222, 1223-24 (1973); People v. Leighton, 124 Cal.App.3d 497, 177 Cal.Rptr. 415, 417 (1981); State v. Stevens, 26 Conn.App. 805, 603 A.2d 1203, 1209 (1992); State v. Hart, 669 N.E.2d 762, 765-66 (Ind.Ct.App.1996); State v. Clark, 454 So.2d 232, 234 (La.Ct.App.1984); State v. McGinnis, 2000 WL 1133247, at *4 (Ohio Ct.App. Aug.11, 2000); Town of Mount Pleasant v. Jones, 335 S.C. 295, 516 S.E.2d 468, 471 (Ct.App.1999). Hence, as one court has stated, "if the citizen's arrest had been unlawful, [Corella] might have incurred liability for damages, but the evidence would not have been suppressed." Hart, 669 N.E.2d at 766. Therefore, even had his arrest been unlawful, Chavez's convictions could still stand because the exclusionary rule does not apply to the actions of private citizens.
16 We hold that driving a vehicle while intoxicated constitutes a misdemeanor amounting to a breach of the peace within the meaning of § 13- 3884(1) and that the trial court did not abuse its discretion in denying Chavez's motion to dismiss or to suppress. We therefore affirm the judgment of convictions, suspension of sentence, and imposition of probation.
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