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State v. Nelson1/27/2004
is Court has recently expounded Montana's version of the community caretaker doctrine in situations where a police officer's investigation of a public safety concern morphs into a seizure or an arrest because of an escalation of events which develop after the initial inquiry. Lovegren , 2002 MT 153, 310 Mont. 358, 51 P.3d 471.
The Lovegren test is three-pronged and requires that in order to stop and investigate a situation, an officer must first have objective, specific, and articulable facts upon which to base a suspicion that a citizen is in need of help or is in peril. Once the officer has determined that the citizen is in need of aid, then the officer may take appropriate action to render assistance or mitigate the peril. Finally, when the officer is assured that the citizen is no longer in need of assistance or that the peril has been mitigated, then any actions beyond that constitute a seizure implicating not only the protections provided by the Fourth Amendment, but also those further guarantees afforded by the Montana Constitution. State v. Lovegren , 2002 MT 153, 25, 310 Mont. 358, 25, 51 P.3d 471, 25.
The facts of this case satisfy Montana's test for applicability of the community caretaker doctrine, as set forth in Lovegren . Officer Kinsey observed a truck pulled off of a rural highway with its engine running. It was New Year's Day. It was dark outside. The temperature was near zero. Officer Kinsey saw no one in the truck as she passed by the first time, but upon approaching the truck on foot, saw Nelson in the driver's seat. Nelson appeared to be passed out or asleep. When she got to the door, Nelson woke up and stared ahead. He did not acknowledge the officer until she opened the door, at which time she smelled alcohol and observed that Nelson's eyes were blood-shot and he appeared confused.
Under these circumstances, Officer Kinsey was correct to approach Nelson's vehicle to check on his welfare. Nelson argues that it was really Officer Kinsey's suspicion that his license was suspended that inspired her to return to his truck. However, Officer Kinsey was already turning around when she was informed that Nelson was the owner of the vehicle. But even if this were not the case, the primary purpose of her investigation was to determine whether any possible occupants of the vehicle needed assistance. As in Lovegren , Officer Kinsey could have been remiss in her duty had she stopped her inquiry before she determined whether Nelson needed assistance. Her subsequent observation of Nelson's state of intoxication, including his admission that he had been drinking, was more than enough justification for her to undertake further investigation.
We affirm the District Court's denial of Nelson's Motion to Suppress.
JOHN WARNER
We Concur:
KARLA M. GRAY
W. WILLIAM LEAPHART
PATRICIA O. COTTER
JIM RICE
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