State v. Kappel

In this criminal appeal, the state challenges the trial court’s order suppressing evidence obtained after defendant was arrested for driving while under the influence of intoxicants (DUII), ORS 813.010. The trial court granted defendant’s motion to suppress on the ground that, although the arresting officer had probable cause to believe that defendant was intoxicated, he lacked probable cause to believe that defendant had driven a vehicle while intoxicated. We agree with the state that the officer who arrested defendant had probable cause to believe that he had committed the crime of DUII. We…