Initial
Investigatory Stop
¶3
Deputy 1 testified that, upon his arrival at the truck stop
he saw the pickup irregularly parked as described in the 911
report. He recounted that, as he approached, he saw the
driver, later identified as Zeimer, "appear[] to look up
from the steering wheel, check his mirrors," and then
notice the approaching patrol car. He testified that, though
he could not tell whether the truck's engine was already
running, Zeimer "proceeded to drive [forward] . . . in a
slow . . . circle . . . around to the frontside" of the
store, where he properly parked in a lined parking space. The
deputy's body-cam recording, admitted into evidence at
the suppression hearing, did not capture his initial
observations upon arrival. It first captured Zeimer as he
exited his truck after parking in front of the store and then
calmly walked forward to the front corner of his truck where
he stopped and waited for the deputy to approach on
foot.[2] As Zeimer exited his vehicle, the deputy
pulled in and parked in the lined parking space next to
Zeimer's truck and then immediately walked over and
personally engaged him.
¶4
Deputy 1 testified that, based on his training and
experience, the "suspicious" circumstances observed
upon his arrival (i.e., the manner in which the truck was
parked perpendicular across the lined parking spaces with the
driver slumped over the steering wheel, the driver's
decision to move and drive around to the front of the store
on approach of the patrol car, and his "slow
driving" around the front of the building with turns
that were "rounded and slow" rather than
"sharp" or "crisp") were
"usually" indicative of
"somebody who [was either] impaired or suffering from a
medical condition." In further describing his thought
process at the time, the deputy explained that, in trying to
assess which, if not both, of those possible scenarios might
be the case, he intended to first check on Zeimer's
welfare and then attempt to ascertain whether he had been
driving under the influence (DUI) of alcohol or
drugs.[3]
Initial Questioning: Zeimer's Identity, Explanation
of his Presence and Circumstance, and Attempt to Ascertain
Any Indicia of Impairment
¶5
Upon engaging Zeimer at the front of his truck, Deputy 1
identified himself and inquired as follows:
[Deputy 1]: How are you doing?
[Zeimer]: Good.
[Deputy 1]: . . . Alright. . . . We had a welfare check asked
to be done on ya. . . . Were you sleeping in the pickup . .
.?
[Zeimer]: Ya, I just, I pulled in here. I just got done
driving from, from Miles City and, uh, . . . [inaudible]
[another sheriff's deputy (Deputy 2) then walks into
frame from the left behind Zeimer's truck and begins
looking into the truck bed]
[Deputy 1]: Ok, ok, you're on your way from, from Miles
City, is that what you said?
[Zeimer]: Ya, I came through last night.
[Deputy 1]: Oh, ok. Do you have a driver's license on
you, sir? Anything like that?
[Zeimer]: Sure. [Reaches into coat pocket]
[Deputy 1]: Where're you headed to?
[Zeimer]: Actually, I'm waiting for my sister.
[Deputy 1]: Oh, ok. [Zeimer pulls wallet from inside coat
pocket and hands his driver's license to the deputy]
She's going to meet up with you here?
[Zeimer]: Yep.
[Deputy 1]: Ok. [Examines driver's license] Michael
Zeimer, is that right?
[Zeimer]: [Affirmatively nods head]
[Deputy 1]: Ok.
[Zeimer]: I'm from here in Glendive and I just
haven't . . . [inaudible]
[Deputy 1]: Ok, ok. So, ah, you were driving this morning,
you said?
[Zeimer]: Yeah, . . . I just pulled in there and I didn't
know what, what time it was so I just thought . . .
[Deputy 1]: Ok, ok, um, I did notice, and that's kind of
how the, one of the things about the call was that, uh, when
you parked, you parked sideways across the parking spots . .
.
[Zeimer]: Ok, ya I did, I did. I [inaudible] by the door, by
the door [pointing towards the rear door of the casino/store]
. . .
[Deputy 1]: Ok, are you waiting for somebody that's in
the casino . . . ?
[Zeimer]: [Briefly looks away] . . . I just, I just actually
called her and she said she was going to be here.
[Deputy 1]: Ok, what's your sister's name, sir?
[Zeimer]: Janet Seymore.
[Deputy 1]: Janet Seymore? [Zeimer nods affirmatively] Ok
and, ah, are you guys meeting up for breakfast, er,
what's the . . .
[Zeimer]: Actually, I'm still moving in with her. . . .
I'm just . . . [inaudible] moving back here, and I . . .
[am going to be] living with her-her husband just, just
passed away in January.
[Deputy 1]: Ok, ok, ya, I think I visited with her before and
talked to her a bit about it.[4] So, um, . . . she's going to
meet you here for, what, are you guys gonna get, coffee or
what, what's going on?
[Zeimer]: She just said to meet her here and . . .
[inaudible], I'm supposed to go out to her house.
[Deputy 1]: Ok. Are you not allowed to go to her house by
yourself, or what?
[Zeimer]: No, we had . . . had a problem, but . . .
[inaudible]
[Deputy 1]: Ok, kind of getting things figured out?
[Zeimer]: Yeah, I think we got things worked out.
[Deputy 1]: Ok, were you living in Wibaux for a while?
[Zeimer]: [Looks back over his shoulder and watches Deputy 2
walk over from right of frame to back of Zeimer's truck
and again look into his truck bed] Was I living in Wibaux?
[Deputy 1]: Ya.
[Zeimer]: Uh, [pensively looks down and pauses] a long time
ago.
[Deputy 1]: A long time ago? Ok, not recently though?
[Zeimer]: No. I haven't lived in Wibaux for at least
eight years.
[Deputy 1]: Eight years, oh, ok, ok.
The
deputy then presumptively questioned Zeimer non-sequitur
about his prior association with another individual (Rob
Hammonds) who had no apparent involvement or relationship to
the DUI investigation, to wit:
[Zeimer]: Spent some time up in Glendive, Miles City
Fairview.
[Deputy 1]: Oh, ok, ok. When's the last time you saw Rob
Hammonds?
[Zeimer]: Rob Hammonds, [pensively pauses] about [pauses],
probably two months ago.
[Deputy 1]: Two months ago?
[Zeimer]: Yep.
[Deputy 1]: Ok, ok, where was that at?
[Zeimer]: Fairview . . . yeah, . . . worked with him in
Fairview.
[Deputy 1]: Ok, ok.
[Zeimer]: [Inaudible] The questioning then returned to
questions regarding Zeimer's presence and circumstances
at the truck stop, and his motor vehicle registration and
liability insurance compliance:
[Deputy 1]: Ok. Do you have a registration and insurance and
everything?
[Zeimer]: Yeah. [Returns to truck door, opens it, and
retrieves a piece of paper from driver's side visor,
looks at it, returns to front of vehicle, hands registration
to Deputy 1, and returns to truck door] . . . [I'm] . . .
buying the truck.
[Deputy 1]: What's that?
[Zeimer]: I'm buying the truck from Scott Miller.
[Deputy 1]: . . . Ok.
[Zeimer]: [Inaudible] [returns other paperwork to the visor]
[Deputy 1 hands registration to Deputy 2 who walks out of
frame-Zeimer walks back to driver's door and continues
search for insurance card above visor]
[Zeimer]: [Closes truck door] I can't find the insurance
paper . . . [closes door and steps forward to Deputy 1]
[Deputy 1]: Can't find the insurance paper, ok. Does it
have insurance on it, er?
[Zeimer]: As far as I know, yes.
[Deputy 1]: As far as you know?
[Zeimer]: Ya, . . . [inaudible] Scott Miller.
[Deputy 1]: Ok, um, so you're buying the pickup from
Scott?
[Zeimer]: [Nods affirmatively]
[Deputy 1]: Ok.
[Zeimer]: Ya, I work with him too.
[Deputy 1]: Ok, what a, do you know when Janet is supposed to
be here?
[Zeimer]: She didn't say. She has a paper route here in
Glendive.
[Deputy 1]: Oh, ok, ok, alright. Well, ah, so, with, with the
way you parked the pickup and stuff, I guess, like I said,
not sure why you did that. So, I, either you've been
drinking-
[Zeimer]: Nope, I
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