State v. Olson, 2002 MT 211, 311 Mont. 270

Summary

The Supreme Court of Montana held that law enforcement's warrantless search of Olson's home was not justified as a search incident to arrest or a protective sweep. The court also held that Olson's subsequent consent and taped statement were tainted by the unlawful search, reversed the judgment, and remanded for further proceedings.

Holdings

1. The marijuana bong was not lawfully within the deputy's plain view because the deputy had to lean through the doorway and enter a portion of the residence outside the boundaries of his lawful presence in the kitchen.
2. The deputy's search of the living room, bathroom, and bedroom exceeded the permissible scope of a search incident to Olson's arrest in the kitchen.
3. A protective sweep was not justified because the State presented no specific, articulable facts supporting a reasonable belief that another dangerous person was present in the residence.
4. Olson's consent to the second search was not voluntary because it followed directly from the unlawful initial search.
5. Olson's taped statement had to be suppressed because it resulted from the unlawful searches.

Questions Presented

1. Whether the marijuana bong was lawfully observed in plain view from the deputy's location in the kitchen.
2. Whether the deputy's warrantless search of rooms beyond the kitchen was justified as a search incident to arrest or as a protective sweep.
3. Whether Olson's subsequent written consent to search was voluntary when it followed the unlawful initial search.
4. Whether Olson's taped statement was suppressible as fruit of the poisonous tree because it resulted from the unlawful searches.

Disposition

reversed_and_remanded