dissenting:
I agree that the cause should be remanded for a determination of whether defendant refused to submit to a breathalyzer test, although it may be argued that implicit in the trial court’s order was a determination of all questions of fact and credibility adverse to the prosecution. I do not agree, however, that the officer had reasonable grounds to intrude into defendant’s truck under the circumstances present here.
One fact developed at oral argument, not mentioned by the majority, is that defendant had been drinking at a tavern across the street from where his truck was parked, in the small village of Dieterich. Defendant left the tavern, crossed the street, got in the truck and went to sleep. The trial court undoubtedly determined that defendant had not driven his car, and contrary to the statement in People v. Guynn (1975), 33 Ill. App. 3d 736, 739, 338 N.E.2d 239, 241, I see nothing wrong with defendant getting into his truck to “sleep it off,” if in fact he was under the influence, a factual question also resolved in favor of defendant.
Most importantly, I see no reason to reverse the trial court’s determination that the intrusion into defendant’s truck was under the circumstances present here an impermissible search. The opening of a car door is the beginning of a search. The truck was legally parked. No traffic violation was committed. There was simply no probable cause for the intrusion into the cab of the truck. The trial court’s determination of all factual questions should not be disturbed unless manifestly' erroneous. People v. Collins (1987), 154 Ill. App. 3d 149, 506 N.E.2d 963.