State v. Suing

Summary

The Oregon Court of Appeals held that the arresting officer had probable cause to arrest Bryon Cody Suing for driving under the influence of intoxicants. Considering the hospital security guard’s report, corroborating circumstances, and the officer’s observations, the court reversed the trial court’s suppression ruling and remanded for further proceedings.

Holdings

1. The officer had probable cause to arrest defendant because, under the totality of the circumstances, it was objectively reasonable to believe that defendant had driven while impaired.
2. The trial court's finding that no driving was observed or reported was not binding to the extent it was unsupported by the record and contradicted the court's supported findings that the security guard reported seeing defendant drive away.

Questions Presented

1. Whether the totality of the circumstances provided the arresting officer with objectively reasonable probable cause to believe that defendant had driven while physically or mentally impaired.
2. Whether the trial court's finding that no driving had been observed or reported was supported by the record and could be relied on in the probable-cause analysis.

Disposition

reversed_and_remanded