City of Missoula v. Armitage

Justice Laurie McKinnon,

specially concurring.

¶31 I agree with the Court’s decision to affirm the denial of Armitage’s motion to suppress. I would do so, however, on the basis that Armitage presented no credible evidence that she was coerced into taking the breath test. I believe the Court’s decision addressing the validity of the Missoula ordinances, therefore, amounts to an improper advisory opinion. Furthermore, since the Court has chosen nonetheless to express its views on the ordinances’ validity, I disagree with the *456Court’s conclusion that the ordinances, which criminalize a refusal to…