Legal Opinion
State v. Tackitt
Montana Supreme Court
Decided April 15, 2003No. 01-830PublishedCited by 66 opinions
1Opinion of the CourtJustice Nelson
¶1 Appellant James Tackitt (Tackitt) appeals an order of the Eleventh Judicial District Court, Flathead County, denying his motion to suppress. We reverse.
¶2 We address the following issues on appeal:
¶3 1. Did the District Court properly conclude that the use of a drug-detecting canine to sniff for drugs in a vehicle parked in an area accessible to the public is not a search?
¶4 2. Did the District Court properly conclude that if the use a drug-detecting canine is a search, the State had particularized suspicion to conduct the investigatory search of Tackitt’s vehicle?
I. FACTUAL AND PROCEDURAL…
2Cases cited27 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- United States v. PlaceSupreme Court of the United States · 1983
- Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
- City of Indianapolis v. EdmondSupreme Court of the United States · 2000
- Hulse v. State, Department of JusticeMontana Supreme Court · 1998
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3Cited by66 opinions
- Fitzgerald v. StateCourt of Appeals of Maryland · 2004
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- Commonwealth v. FeyenordMassachusetts Supreme Judicial Court · 2005
- State v. HillMontana Supreme Court · 2004
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