State v. Krieger

An officer is limited to investigatory inquiries that are reasonably related to the traffic stop or must otherwise have an independent constitutional justification.

Defendant was arrested for DUII and possession of methamphetamine. Defendant argued the officer developed a suspicion of DUII when asking questions unrelated to the speeding offense and therefore evidence related to the DUII should be excluded. Defendant also assigned error to the trial court proceeding to a stipulated facts bench trial without a written jury waiver. The trial court proceeding to a stipulated facts trial without a written jury waiver is plain error, it should not have happened. An officer is limited to investigatory inquiries that are reasonably related to the traffic stop or must otherwise have an independent constitutional justification.  The Court held that, the officer only had justification to ask questions about speeding in a construction zone. The officer testified that they did not have a reason to be asking the questions potentially related to DUII, therefore evidence obtained related to the DUII cannot be used. Reversed and remanded.