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State v. Reiner9/11/2003
he driver asleep or passed out at the wheel." (Conclusion #4.)
Given the testimony, there was substantial evidence to support the interpretation of these events which the trier of fact determined was "the most reasonable." Brogan , 261 Mont. at 87, 862 P.2d at 24. The record reveals "objective, specific and articulable facts from which an experienced officer would suspect that a citizen is in need of help or is in peril . . . ." State v. Lovegren , 2002 MT 153, 25, 310 Mont. 358, 25, 51 P.3d 471, 25. It was indeed Officer Finkle's duty, which he properly executed, and the duty of all police officers in like situations, to check a vehicle parked along a busy highway at 5:43 in the morning, in a place where vehicles do not normally park and which could present a hazard to traffic, to see if someone needed help or was in peril. That check properly led to the discovery of evidence that the defendant was driving while under the influence.
I would affirm.
JIM RICE
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