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State v. Nelson11/9/2004
On May 26, 2002, Hill County Deputy Sheriff Cory D. Matkin (Deputy Matkin) and Reserve Deputy Sheriff Tim Herron were covering the "graveyard shift." At approximately 12:40 a.m., Deputy Matkin observed two vehicles parked next to each other in the IGA grocery store (IGA) parking lot, including a white Chevy truck, which belonged to Becky Hillard (Hillard). Believing Hillard was a minor and violating the city's curfew law, Deputy Matkin decided to investigate. Deputy Matkin then observed the defendant, later identified as Nelson, exiting the IGA with two 18-packs of beer. Deputy Matkin also noted Nelson had a male passenger waiting in his vehicle. Shortly, both men began conversing with Hillard and her passenger. As Deputy Matkin circled the two parked cars, Nelson abruptly proceeded to his vehicle and followed Hillard as she exited the IGA parking lot. Suspecting that Nelson was attempting to transfer alcohol to the minors, Deputy Matkin followed. After traveling a few blocks, Nelson turned his vehicle into the Duck Inn parking lot, where he came to a brief stop. Deputy Matkin parked across the street. A few minutes later, Nelson's vehicle exited the parking lot, but first waited for Deputy Matkin to pull out in front of him. Deputy Matkin then noticed that Nelson's vehicle failed to have a properly mounted front license plate and turned into a parking lot and waited for Nelson, who was driving behind him, to pass so that he could initiate a traffic stop. However, to Deputy Matkin's surprise, Nelson signaled and pulled his vehicle into the parking lot where Deputy Matkin was parked. Nelson then rolled down his window, as did Deputy Matkin. Nelson then asked "Is there a problem officer or have I done something wrong?" Deputy Matkin responded affirmatively, noting Nelson's failure to properly display a front license plate.
As Deputy Matkin exited his patrol vehicle and approached Nelson's vehicle, he believed that Nelson was acting as if he did not want the Deputy to look inside his vehicle. Deputy Matkin requested Nelson's license, registration, and proof of insurance, and observed the two 18-packs of beer Nelson had carried from the IGA in the vehicle. Nelson produced a suspended out-of-state license, his only proof of identification, and an expired proof of insurance. As Nelson did so, Deputy Matkin further observed that Nelson's hands were shaking and that his demeanor was anxious and tense. Deputy Matkin then observed that Nelson's eyes were glassy and continuously moved back and forth, raising Deputy Matkin's suspicions that Nelson was impaired by drugs or alcohol. Deputy Matkin further observed that Nelson responded rapidly to questions, often splitting his sentences. At that point, Deputy Matkin did not detect the odor of alcohol.
Deputy Matkin then turned his attention to Nelson's passenger, who appeared to be under the drinking age, and began to question him. After determining that the passenger was underage, he requested Deputies Ostberg and Dahl to respond to the scene. Hearing the radio call, Montana Highway Patrol Officer Baiamonte (Officer Baiamonte) also responded. All of the officers arrived at the scene within eight minutes of the initial stop.
During the interim, Deputy Matkin advised Nelson that he would be cited for license and insurance violations. Deputy Matkin then requested the passenger, identifying himself as Brandon Nelson (Brandon), to step out of the vehicle, advising him that he would be cited for Minor in Possession of Alcohol. While escorting Brandon to the patrol vehicle, Deputy Matkin asked Brandon why his pants were wet, to which Brandon replied that a beer had spilled in the vehicle's seat. Deputy Matkin returned to Nelson's vehicle and ordered Nelson to
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