City of College Place v. Staudenmaier

— The primary questions in this driving under the influence prosecution is first whether the officer had probable cause to arrest Jeffrey D. Staudenmaier, given the arguably equivocal results of the physical tests. There is ample evidence here to support the trial court’s findings that Mr. Staudenmaier appeared to the officer to have been drinking and that he failed a number of physical tests. Those findings amply support the conclusion, probable cause. The second question is whether limitations on a defendant’s freedom to leave, short of a full-blown custodial *844arrest, amount to custody such…