City of Whitefish v. J. Zumwalt

Summary

The Court affirmed Zumwalt’s DUI conviction, holding that officers did not conduct an unconstitutional search when they observed him from open, commonly accessible areas of his apartment complex. The Court also held that officers lacked a sufficient foundation to offer technical opinions about whether Zumwalt could have consumed enough alcohol in his apartment to reach his observed level of intoxication, but concluded the error was harmless because other admissible evidence established that he was intoxicated while driving. No separate opinions were filed.