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State v. Pierce11/16/2001
umed alcoholic beverages. The officer testified that he stopped defendant to obtain information about the Saab driver. Thus, we conclude that the officer had reasonable cause to believe that defendant had knowledge of material aid in the investigation of whether the Saab driver was driving under the influence.
Finally, we conclude that the third criterion was met. Perhaps, this is the closest question in examining the criteria because in most cases the officer will be able eventually to identify the driver and other occupants of a vehicle through the license number. Nevertheless, the license number will not always allow identification of the occupants of a vehicle, and a very brief stop will produce that identification. Moreover, the operator, in this case defendant, was a resident of a different state, and it may not be as easy for the officer to obtain information in another jurisdiction. Finally, a fresh witness account was desirable because the officer had to make immediate decisions about how to handle the situation before him, and he had not yet been able to administer any roadside tests to the Saab operator that might confirm or undermine his initial impression of her sobriety.
On this criterion, we emphasize that we are looking only at the justification for initial communication with the potential witness, a very limited interference with the witness's privacy and freedom of movement, because defendant's intoxication became apparent immediately. It may be that the circumstances would not have supported an extended stop or a detailed inquiry. We leave that question to another day.
We conclude that the brief seizure of defendant and his vehicle was reasonable in the circumstances of this case in order to enable the officer to identify, and briefly question, a likely witness to a DUI. The district court properly refused to suppress the evidence of defendant's intoxication.
Affirmed.
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