State v. Vogl

Summary

The Montana Supreme Court affirmed the denial of Christopher J. Vogl’s motion to dismiss a DUI charge for lack of probable cause. The court held that the arresting deputy’s observations independently supported probable cause and that suppression, rather than dismissal, was the proper remedy for any unlawful arrest or improperly obtained evidence.

Holdings

1. An allegedly illegal arrest does not require dismissal of all charges; the proper remedy is suppression of evidence seized or obtained as a result of the arrest.
2. The deputy had probable cause to arrest Vogl for DUI based solely on the deputy's observations of Vogl's apparent alcohol impairment.

Questions Presented

1. Whether the District Court should have dismissed the DUI charge for lack of probable cause to arrest after suppressing the HGN and preliminary breath test evidence.
2. Whether the deputy's observations, apart from the suppressed test evidence, established probable cause to arrest Vogl for DUI.

Disposition

affirmed