State v. Prew

Defendant appeals from his conviction for driving under the influence of intoxicants. He assigns error to the trial court’s denial of his motion to suppress evidence of the arrest captured on an audiotape. The prosecution stipulated that the arresting officer did not inform defendant that the encounter was being recorded; according to defendant, that fact alone required suppression of the tape containing the recorded information as well as the arresting officer’s testimony regarding the contents of the tape. The state maintains that, because the officer both recorded the conversation and…