September 3, 2013
CITY OF HELENA, Plaintiff and Appellee,
SHAWN OWEN DETIENNE, Defendant and Appellant.
Shawn Owen Detienne (Detienne) has filed a Petition for Rehearing pursuant to M. R. App. P. 20(1). Detienne argues that this Court overlooked the fact that the investigating officer was not conducting a welfare check when he opened the door of Detienne's vehicle and took the keys. Detienne further argues that the Court's decision conflicts with Dorwart v. Caraway, 2002 MT 240, 312 Mont. 1, 58 P.3d 128, regarding the scope of the right to privacy. The State of Montana opposes Detienne's petition.
We considered in State v. Detienne, 2013 MT 225N, ¶ 8, __Mont.__, __P.3, Detienne's argument that Officer Coleman's action to open the car to remove the keys "constitutes an unlawful seizure." Similar to our recent discussion in State v. Martial, 2013 MT 242, __Mont.__, __ P.3d__, Officer Coleman observed definite signs of intoxication after he made contact with Detienne that provided particularized suspicion to expand the investigation into a possible DUI. As for Detienne's second claim, nothing in the Court's opinion conflicts with the analysis or outcome in Dorwart.
IT IS ORDERED that the Petition for Rehearing is DENIED.
The Clerk is directed to provide a copy hereof to counsel of record.