Walton v. State
Walton v. State
Opinion of the Court
OPINION
Carol A. Walton pled no contest to driving while intoxicated, preserving her right to appeal the denial of her motion to suppress all fruits of a stop she argued was unlawful. Oveson v. Anchorage, 574 P.2d 801 (Alaska 1978); Cooksey v. State, 524 P.2d 1251 (Alaska 1974). We affirm.
At the evidentiary hearing on Walton’s motion, Sergeant Bailey of the Kenai Police Department testified that on August 25, 1984, he received a call from the department’s dispatcher. Bailey testified that he was told that the state troopers had received a R.E.D.D.I.
In Effenbeck v. State, 700 P.2d 811 (Alaska App. 1985), we applied the Alaska standard for investigatory stops to a stop based almost entirely on a tip by a R.E.D. D.I. caller that the driver of a certain vehicle was intoxicated. We believe that the facts in this case provide a stronger case for justifying a stop. It is clear from the evidentiary hearing in this case that the caller stated that he or she saw Walton engage in extremely erratic driving. The caller also apparently related a specific incident in which Walton forced someone off the road. While it is not clear whether the caller stated a belief that the driver of the pickup was intoxicated, the nature of the program under which the call was made and the caller’s observations strongly suggested that this was the caller’s conclusion. Since the record discloses at least some
Accordingly, the conviction is AFFIRMED.
. The R.E.D.D.I. (Report Every Drunk Driver Immediately) program is described in Effenbeck v. State, 700 P.2d 811, Op. No. 479 at 3 n. 1 (Alaska App., May 31, 1985).
Reference
- Full Case Name
- Carol A. WALTON v. STATE of Alaska
- Status
- Published