Grinde v. State

The State of Montana appeals from an order of the Ninth Judicial District, Toole County, that required the return of Jerry Grinde’s driver’s license. The District Court held that the seizure of Grinde’s license pursuant to § 61-8-402, MCA, was illegal because Toole County police officers lacked justification to stop his automobile. We affirm.

The sole issue on appeal is:

Whether the District Court erred when it ordered the return of Jerry Grinde’s driver’s license.

On March 17, 1990, at approximately 11:30 p.m., Jerry Grinde (Grinde) was driving a silver Corvette eastward on Main Street in…