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Decker v. State4/10/2002
g all that evidence together, the speeding, the . . . moderate odor [of alcohol], the failing the HGN test with four points, both showing no smooth pursuit in either eye, and nystagmus at maximum deviation in both eyes, the bloodshot, watery eyes, the admitted consumption of alcohol, all that adds up to probable cause [to arrest for DWI].
Probable cause for an arrest exists where a police officer is aware based on reasonably trustworthy information of facts and circumstances "which are `sufficient in themselves to warrant [a person] of reasonable caution in the belief that' an offense has been or is being committed." Judge Funk's factual findings support the conclusion that the North Pole police officers were aware of facts and circumstances that warranted a belief that Decker had committed the offense of DWI. Based on Judge Funk's factual findings, we conclude that there was probable cause to arrest Decker for DWI. Accordingly, we find no error.
Conclusion
The decision of the district court is AFFIRMED.
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