State of Montana v. Robert Donald Hart

Summary

The Supreme Court of Montana affirmed the denial of Robert Donald Hart's motion to suppress evidence seized from his vehicle. The court held that a drug-detecting canine sniff of the vehicle's exterior constituted a search supported by particularized suspicion, and that the canine alert, together with the surrounding circumstances, established probable cause for the search warrant.

Holdings

1. The exterior canine sniff of Hart's vehicle constituted a search, but it was lawful because the officers had particularized suspicion based on Hart's furtive movements, the circumstances of the traffic stop, and the felony drug-sale arrest warrant.
2. The search warrant was supported by probable cause.

Questions Presented

1. Whether an exterior canine sniff of Hart's vehicle constituted a search under Montana law.
2. Whether the canine sniff was supported by particularized suspicion.
3. Whether the search warrant for Hart's vehicle was supported by probable cause.

Disposition

affirmed