State v. Chaput

In a trial to the court, defendant was convicted of driving while under the influence of intoxicants. ORS 487.540. On appeal she assigns as errors (1) the trial court’s failure to dismiss on the ground that the stop was unlawful and (2) its failure to suppress statements made by defendant at the scene of her arrest.

At about midnight, defendant was observed by an off-duty state trooper and his spouse to be driving erratically. The trooper followed her in his unmarked private car until defendant voluntarily stopped, or was induced to stop by the trooper, who then walked up to defendant’s car…