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Dahl v. State ex rel Department of Public Safety12/26/2001
ollows:
When I got back in my vehicle, I started talking to him about an incident that happened down south. And then the more I started talking to him, the more I could smell a strong odor of alcohol coming from his person. At that time, I asked him, "How much have you been drinking?" He said he'd had a couple coming back from the Texas area, I believe – or the Ardmore area.
At that time, I asked if he had any open beers in the car. He said he didn't believe that he had anything in his car, open container-wise. I said, "Well now that I can smell alcohol on you, I'm going to check." And so at that time, I did check, did find some open containers, come back to my car and told him that – you know, I need to have him do a field sobriety test to make sure we could leave here, plus I was also getting witness statements from the victim of the reckless driving that happened south of there.
At that time, I did my field sobriety tests, acknowledged to Mr. Dahl that I needed him to be required to take a breath test because I thought he was under the influence of alcohol.
Trooper Dickens then placed Dahl in custody by putting handcuffs on him and placing him in the patrol car. He took Dahl to McClain County for a breath test. The test results indicated a blood alcohol content of .11.
After an implied consent hearing, Dahl's license was revoked. Dahl filed a petition to set aside the order of revocation in McClain County District Court. At the hearing on the matter, State called Officer Tompkins and Trooper Dickens to testify. At the conclusion of the hearing, the trial court asked the parties to file briefs.
The trial court issued an order on April 30, 2001, concluding that Dahl was never validly arrested. Specifically, the court found that the "Fellow Officer Rule" did not apply because the OHP "did not observe or have any sensory or electronic perception of any violation of law that he could relate to" Officer Tompkins. The court further found that Officer Tompkins did not observe any violation of law within his jurisdiction and therefore had no probable cause to stop Dahl. The court also found that Officer Tompkins "effected an arrest when he activated his emergency lights behind [Dahl] and [Dahl] was not free to go." The court concluded that, when the arrest was effected, Officer Tompkins was outside his jurisdiction, and, further, that a citizen's arrest was neither alleged nor shown. As a result of its findings, the trial court set aside State's revocation of Dahl's driver's license. State appeals.
STANDARD OF REVIEW
"On appeal from orders of implied consent revocations, the appellate courts may not reverse or disturb the findings below unless the lower court's determinations are found to be erroneous as a matter of law or lacking sufficient evidentiary foundation." Abdoo v. State ex rel. Dep't of Pub. Safety, 1990 OK CIV APP 2, 11, 788 P.2d 1389, 1393.
ANALYSIS
Under Oklahoma's Implied Consent Law, a valid arrest is necessary to authorize a police officer to request submission to a chemical test for blood alcohol. White v. Okla. Dep't of Pub. Safety, 1980 OK 21, 6, 606 P.2d 1131, 1132. State asserts that a valid arrest occurred because (1) Officer Tompkins observed a misdemeanor sufficient to allow him to arrest Dahl pursuant to 47 O.S.1991 § 16-114; (2) he properly stopped and detained Dahl; and (3) he was authorized to stop Dahl and detain him until Trooper Dickens arrived.
The primary issue in this case is whether Officer Tompkins was authorized to stop Dahl after Dahl had left Purcell. Although Dahl is correct in his assertion that an officer outside his o
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