State v. Andrews

In State v. Andrews, 33 Conn. App. 590, 637 A.2d 787, cert. denied, 229 Conn. 908, 640 A.2d 121 (1994), the defendant was stopped in Derby by an off- duty Shelton police officer for suspicion of operating a motor vehicle while under the influence of intoxicating liquor. State v. Andrews, supra, 33 Conn. App. at 593. The off-duty officer was out of his jurisdiction and also happened to be a member of a volunteer fire department. Id. He signaled the defendant to stop his vehicle by utilizing a blue flashing fire department light. Id. The officer took no action other than to ask the defendant to wait and called the Derby police department to respond to the scene. Id. at 594. The Court held that the stop did not violate the fourth amendment to the United States constitution. Id. at 598. This court relied on the finding by the trial court that the Derby police had arrested the defendant, not the off-duty extraterritorial officer. Id. at 599.