State v. Lucier

Summary

The Montana Supreme Court affirmed the denial of Robert Lester Lucier’s motion to dismiss DUI charges for lack of particularized suspicion supporting the traffic stop. The Court held that the officer’s observations of tire spinning, acceleration, multiple turns, and possible evasive behavior were sufficient under the totality of the circumstances. The memorandum opinion is noncitable under the court’s internal operating rules, and Justice Wheat, joined by Justice McKinnon, dissented.

Holdings

1. The totality of the circumstances, including Lucier's tire spinning and gravel displacement, late-night driving, slowing after making eye contact with the officer, multiple turns, and apparent evasive behavior, provided sufficient objective data and articulable facts to establish particularized suspicion for the stop.

Questions Presented

1. Whether Officer Meier had sufficient objective data and articulable facts to establish particularized suspicion that Lucier was or had been engaged in wrongdoing and thereby justify the traffic stop.

Disposition

affirmed