And at this point I asked him for some identification or a driver's license. Konewko's performance on field sobriety tests led to his arrest for driving under the influence of alcohol and driving under suspension. A trial court's findings of fact in preliminary proceedings of a criminal case will not be reversed if, after conflicts in the testimony are resolved in favor of affirmance, there is sufficient competent evidence fairly capable of supporting the trial court's findings, and the decision is not contrary to the manifest weight of the evidence. . . . We evaluate the evidence presented to see, based on the standard of review, if it supports the findings of fact. In this case, the only testimony before the trial court was Officer Jorgensen's.
Questions of law are fully reviewable.
Just like other citizens, police officers have a right to be in places open to the public. In Sarhegyi , supra , we affirmed a grant of a motion to suppress evidence acquired by an officer who investigated a passenger vehicle parked among tractors and combines in the lot of a closed farm implement dealership. Sarhegyi , supra , at 285. The officer stopped her from leaving. Konewko's situation was distinguishable.