Summary
The Montana Supreme Court affirmed the denial of William Luckett’s motion to dismiss, holding that the arresting deputy had particularized suspicion to conduct an investigative traffic stop. The court relied on the deputy’s observations that Luckett had been drinking, drove at an unusually slow speed, weaved, and crossed the fog line multiple times.
Holdings
- The district court did not clearly err in finding that Deputy Reyna had particularized suspicion to stop Luckett's vehicle because the officer observed Luckett drinking beer before driving, driving abnormally slowly, weaving, and crossing the fog line.
Questions Presented
- Whether the district court erred in finding that Deputy Reyna had particularized suspicion to conduct an investigative stop of Luckett's vehicle.
Disposition
affirmed
Cases Cited (6)
- State v. Trombley, 2005 MT 174, ¶ 5, 327 Mont. 507, 116 P.3d 771(followed)
- City of Missoula v. O’Neill, 2004 MT 328, ¶ 5, 324 Mont. 124, 102 P.3d 21(followed)
- State v. Britt, 2005 MT 101, ¶ 8, 327 Mont. 1, 111 P.3d 217(followed)
- State v. Lafferty, 1998 MT 247, 291 Mont. 157, 967 P.2d 363(distinguished)
- State v. Jarman, 1998 MT 277, 291 Mont. 391, 967 P.2d 1099(distinguished)
- State v. Lee, 282 Mont. 391, 938 P.2d 637 (1997)(distinguished)
Cited In (0)
No citing cases on record yet.
Court Document
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