Legal Opinion
State v. J. Beaver
Montana Supreme Court
Decided December 20, 2016No. DA 15-0478PublishedCited by 3 opinions
1Opinion of the CourtChief Justice McGRATH
¶1 Jeffrey David Beaver appeals from the District Court’s Judgment & Sentence filed July 29, 2015, convicting him of aggravated driving under the influence, second offense. We affirm.
¶2 We restate the issue on appeal as follows:
Whether the District Court erred in upholding the stop and the ensuing warrantless inspection of Beaver’s truck by an officer of the Montana Department of Transportation.
FACTUAL AND PROCEDURAL BACKGROUND
¶3 On August 12, 2014, an officer of the Motor Carrier Services Division, Montana Department of Transportation (MDT), stopped Beaver’s commercial freightliner vehicle…
2Cases cited5 opinions
- New York v. BurgerSupreme Court of the United States · 1987
- State v. LohMontana Supreme Court · 1996
- United States v. DelgadoCourt of Appeals for the Ninth Circuit · 2008
- State v. DelaoMontana Supreme Court · 2006
- State v. MarinoMontana Supreme Court · 2016
3Cited by3 opinions
- Matter of Owner Operator Ind. Drivers Assn., Inc. v. New York State Dept. of Transp.Appellate Division of the Supreme Court of the State of New York · 2022
- State v. N. AkhmedliMontana Supreme Court · 2023
- State v. BrunellMontana Supreme Court · 2017