Opinion
T2694C; CA A66063
Argued and submitted March 27, 1991
Affirmed September 4, 1991
Appeal from District Court, Washington County.
John J. Tyner, Jr., Judge.
Frederick S. Carman, Hillsboro, argued the cause for appellant. With him on the brief was Karpstein Verhulst, Hillsboro.
Yuanxing Chen, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.
PER CURIAM
Affirmed.
Defendant appeals from a conviction for driving under the influence of intoxicants. ORS 813.010. He assigns as error the denial of his motion to suppress. We affirm.
The arresting officer saw defendant's car attempting to enter a public street from an "enter only" driveway of a bank. The officer pulled into the bank driveway and extended his hand out of his car's window in a "palm-opened fashion." He informed defendant that he was leaving from an "enter only" driveway. The officer testified that he stopped defendant only to impart that information and that the stop was unrelated to any investigatory purpose. No traffic offense had occurred. As a result of the conversation and defendant's actions, the officer formed a reasonable suspicion that defendant was driving while under the influence and stopped him again minutes later.
Defendant argues that the initial stop violated ORS 131.615(1). Under State v. Holmes, 311 Or. 400, 813 P.2d 28 (1991), and State v. Gerrish, 311 Or. 506, 815 P.2d 1244 (1991), no seizure of defendant occurred at that time. Therefore, no violation of ORS 131.615(1) occurred.
ORS 131.615(1) provides:
"A peace officer who reasonably suspects that a person has committed a crime may stop the person and after informing the person that the peace officer is a peace officer, make a reasonable inquiry."
Defendant's other argument does not warrant discussion.
Affirmed.