City of Missoula v. Armitage

¶1 Amber Armitage appeals from an order of the Fourth Judicial District Court, Missoula County, affirming a Municipal Court decision denying her motion to suppress the results of a breath alcohol test. We affirm.

¶2 We restate the following issues for review:

¶3 Issue One: Whether the City of Missoula has authority to enact ordinances creating a misdemeanor penalty for the refusal to submit to a requested breath test.

¶4 Issue Two: Whether conducting a post-arrest breath test with Armitage’s consent was an unreasonable search and seizure.

¶5 Issue Three: Whether Missoula ordinances criminalizing…