State v. Russell O. Roy

¶1 A peace officer stopped a vehicle that Russell Roy was driving. During the stop, the officer had Roy exit the vehicle so that the officer could detect whether the odor of marijuana was present. A large quantity of marijuana was ultimately discovered in the vehicle, and the State of Montana charged Roy in the Thirteenth Judicial District Court, Yellowstone County, with one count of felony criminal possession of dangerous drugs. Roy filed a motion to suppress the evidence, arguing that the officer had unlawfully exceeded the scope of the stop by requiring Roy to exit the vehicle. The…