Summary
The Supreme Court of Montana affirmed the denial of Bridgette Morse's motion to suppress evidence obtained through a search warrant. The court held that, considering the totality of the circumstances, including informant reports, criminal histories, an electric scale box, and the odor of marijuana, the warrant application established probable cause to search Morse's apartment.
Topics
Practice areas
Questions Presented
- Whether the search-warrant application established probable cause to search Morse's apartment.
Holdings
- The search-warrant application established probable cause when considered as a whole under the totality of the circumstances. The district court therefore correctly denied Morse's motion to suppress.
Key quotations
“Since the evidence at issue was gathered pursuant to a search warrant, we review whether the magistrate issuing the search warrant had a substantial basis to determine the existence of probable cause.” (¶ 12)
“When considering the odor of marijuana along with these other facts, we conclude that the search warrant application established probable cause, and the District Court did not err in denying Morse's motion to suppress.” (¶ 18)
Factual background
Multiple informants reported that Morse was distributing drugs from her apartment, including an anonymous caller who reported frequent visitors and drug sales in the presence of Morse's juvenile daughter. During a home visit, officers smelled marijuana, observed an empty electric digital scale box, and noted that Morse and four other occupants had drug-related criminal histories. After Morse refused consent to a bedroom search without a warrant, an officer obtained a warrant, which led to the discovery of methamphetamine, marijuana, alprazolam, a digital scale, and sandwich bags.
Procedural history
The State charged Morse with several drug-related and child-welfare offenses. The Twelfth Judicial District Court, Hill County, denied her motion to suppress by written order. Morse then pleaded guilty to criminal possession of dangerous drugs and criminal possession of drug paraphernalia under a plea agreement reserving her suppression appeal rights, was sentenced, and appealed.