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State v. Forsyth5/3/2002
le of whiskey, which they confiscated. Officer Peary also noticed that an odor of alcohol emanated from Forsyth's person, that Forsyth's eyes were red and glossy, and that Forsyth appeared to be disorientated when Officer Peary spoke with him. Forsyth's signalling of impairment during the HGN test, along with his poor turn and missteps during the walk-and-turn test, combined with the other facts present here, abundantly establish the reasonable belief of a prudent and cautious officer that Forsyth had been operating his vehicle while under the influence of alcohol, and more than justify Officer Peary's request that Forsyth submit to a blood-alcohol level test. The District Court's conclusion that there was insufficient evidence of probable cause is erroneous.
[ 16] Forsyth's contention that the trial court properly deferred to the officer's subjective opinion that, absent consideration of Forsyth's statements, he lacked probable cause is incorrect. A trial court may consider the factual inferences drawn by police officers, but should not defer to an officer's subjective opinion as to whether the totality of information available to him or her dictates a particular conclusion of law. See United States v. Arvizu, 534 U.S. 266, ---- - ----, 122 S.Ct. 744, 750-51, 151 L.Ed.2d 740 (2002) (giving deference to the factual inferences drawn by experienced police officers and the district court judge, but assessing the legal conclusion of reasonable suspicion de novo.)
The entry is:
Order of the District Court is vacated in part. Remanded to the District Court for further proceedings consistent with this opinion.
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