State v. Waite

¶1 The State of Montana appeals from an order of the Fourth Judicial District Court, Missoula County, holding there was not particularized suspicion for the investigatory stop of Nikki Faye Waite’s (Waite) vehicle. We reverse and remand.

¶2 We consider the following issue on appeal:

¶3 Did the District Court err in granting Waite’s motion to suppress based on its determination that the officer lacked particularized suspicion to justify an investigatory stop?

BACKGROUND

¶4 On October 19, 2003, at approximately 2:30 a.m., Montana Highway Patrol Officer James Kitchin (Kitchin) patrolled north on…