State, City of Bozeman v. Heth

This is an appeal from the Eighteenth Judicial District Court, Gallatin County. Defendant/appellant, Clifton Duane Heth (Heth) was found guilty by the District Court of driving under the influence of intoxicants (DUI) as outlined in the court’s findings of fact and conclusions of law on May 29, 1987. From this ruling Heth appeals.

We affirm.

The only issue is as follows:

Did the District Court err in not granting Heth’s motion to dismiss based upon his argument that police officers have a responsibility to obtain and preserve exculpatory evidence if they have an opportunity to do so?

This appeal…