Legal Opinion

State v. D. Hurlbert

Montana Supreme Court

Decided July 1, 2009No. DA 07-0666PublishedCited by 26 opinions

1Opinion of the CourtJustice Nelson

¶1 Darin Hurlbert appeals a judgment of the District Court for the Fifth Judicial District, Jefferson County, finding him guilty of possession of dangerous drugs, possession of drug paraphernalia, reckless driving and speeding. We affirm.

ISSUES

¶2 Hurlbert raises on appeal two main issues and several sub-issues involving the denial of his motion to suppress. We have restated these issues for clarity as follows:

¶3 1. Whether the law enforcement officer’s continued questioning of Hurlbert exceeded the scope of the stop.

¶4 2. Whether Hurlbert’s wife’s consent to search the vehicle was valid.

¶5 3.…

2Cases cited28 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Berkemer v. McCartySupreme Court of the United States · 1984
  4. State v. ElisonMontana Supreme Court · 2000
  5. United States v. LemonCourt of Appeals for the Ninth Circuit · 1977

23 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. State v. LarsonMontana Supreme Court · 2010
  2. State v. SchefferMontana Supreme Court · 2010
  3. State v. NoliMontana Supreme Court · 2023
  4. State v. B. BaileyMontana Supreme Court · 2021
  5. State v. DupreeMontana Supreme Court · 2015

21 more not listed; retrieve them via the Exa API.

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