State v. Peterson , 108 Idaho 463 ( 1985 )

SWANSTROM, Judge,

concurring specially:

I believe the district judge clearly resolved the disputed testimony about the reason for the officers going into the bedroom in favor of the officer who testified on this issue. The judge implicitly found that the officers went into Peterson’s bedroom to accompany Peterson because of his request to get clothing and not because of an officer’s request to be shown guns. The district judge correctly concluded under Chrisman that this protective action by the officers was justified. I therefore concur fully in the opinion.