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City of Whitefish v. Large11/25/2003
Submitted on Briefs: September 18, 2003
Melissa Large was charged with misdemeanor Driving Under the Influence of Alcohol, § 61-8-406, MCA, in Whitefish City Court. She filed a motion to suppress, which was denied. Large then entered a plea agreement, preserving her right to appeal the motion to suppress. The Eleventh Judicial District Court affirmed the findings of the Whitefish City Court. Large now appeals the District Court's order. We affirm.
Large has stipulated to the following facts. In the early morning hours of September 21, 2000, a named citizen reported to the police that a silver colored vehicle driving north on Spokane Avenue had swerved back and forth. The caller reported the license plate was T79JCI and had a Georgia peach in the center of the plate. The police received a second, anonymous call, which reported that a silver vehicle heading north on Wisconsin Avenue was swerving back and forth. That caller reported the vehicle had gone in and out of a ditch and then into the Wildwood Apartments' parking lot.
Officers responding entered the Wildwood's parking lot and discovered a silver vehicle parked in the carport for apartment number eight. The vehicle's plates matched the first report. The vehicle's engine was running and music was playing. Officers approached and saw that Large lay across the front seat, sleeping. The officers spoke to Large but she did not respond. The officers then opened the vehicle's door, reached in, turned off the ignition and woke Large. The officers noted various indicators, such as a strong odor of alcohol, which led them to believe Large was intoxicated. The officers questioned Large about the visible damage to the vehicle and then arrested her.
The Wildwood is a private condominium association. The parking lot and entry are screened off from the public. Unit number eight is Large's home. Her carport is the farthest from Wisconsin Avenue and is not visible from the public road. The carport is attached to and directly below her unit. It is entirely enclosed on three sides and has a private stair which leads to the front door of her condominium unit.
Large raises two issues on appeal. She contends all evidence deriving from the arrest should have been suppressed because (1) in violation of a statute, she was arrested during the night at her home for a misdemeanor committed elsewhere, and (2) the arrest violated her constitutional right to privacy.
Our standard of review for a denial of a motion to suppress is whether the trial court's findings of fact are clearly erroneous, and whether those findings were correctly applied as a matter of law. State v. Toth, 2003 MT 208, 8, 317 Mont. 55, 8, 75 P.3d 323, 8. We review a district court's conclusions of law to determine whether the law was correctly applied. State v. Vonbergen, 2003 MT 265, 7, 317 Mont. 445, 7, 77 P.3d 537, 7.
Large contends that she was arrested in violation of § 46-1-105, MCA. That statute provides:
Time of Making Arrest
An arrest may be made at any time of the day or night, except that a person may not be arrested in the person's home or private dwelling place at night for a misdemeanor committed at some other time and place unless upon the direction of a judge endorsed upon an arrest warrant. However, a person may be arrested in the person's home or private dwelling at night if the person is being arrested pursuant to 46-6-311 for the offense of partner or family member assault.
Section 46-6-105, MCA. It is not disputed the arrest occurred at night. Even though her car's engine was running and she was in the car at the time the officers found he
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