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State v. Hendrickson6/10/1997
o a valid conviction." Crews, 445 U.S. at 474, 100 S.Ct. at 1251. The illegality of the detention does not deprive the government of the opportunity to prove guilt through the introduction of evidence wholly untainted by police misconduct. Crews, 445 U.S. at 475, 100 S.Ct. at 1252. The fact that Woodland exceeded his authority by not relinquishing custody to the Bozeman City Police does not mean that his observations prior to that time cannot form the basis for a charge against Hendrickson. Woodland's Affidavit of Probable Cause sets forth in great detail his observations of Hendrickson's difficulties while trying to maneuver his motorcycle in traffic, his slurred speech, red and watery eyes and the smell of alcohol on his breath. Even when the statement in the Affidavit that Hendrickson failed 5 of 5 field sobriety tests is excised, the balance of the Affidavit is sufficient to establish probable cause to charge Hendrickson with DUI.
Accordingly, we affirm the District Court's conclusion that the tests conducted by Woodland were illegal and the results of those tests cannot be used against Hendrickson. However, we reverse the District Court's dismissal of charges against Hendrickson and remand this matter to the District Court for trial on the merits.
CHIEF JUSTICE TURNAGE, JUSTICES REGNIER, TRIEWEILER and GRAY concur.
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