People v. Bozarth

Defendant was charged with two counts of DUI, and convicted of one count after bench trial. Court erred in denying Defendant's motion to quash arrest and suppress evidence. Defendant was seized within meaning of 4th Amendment, as officer testified he had his gun drawn when he exited his vehicle to make contact with Defendant, which is show of authority. Officer's testimony establishes that he did not have any suspicion of criminal activity when he first began following Defendant's vehicle, and that he followed vehicle onto private drive to see if anything "might happen". Officer could not articulate any facts to support reasonable suspicion that Defendant had committed, or was about to commit, a crime that would justify investigatory stop.(GOLDENHERSH, concurring; WELCH, dissenting.)