Legal Opinion

State v. Giacomini

Montana Supreme Court

Decided April 8, 2014No. DA 13-0422PublishedCited by 7 opinions

1Opinion of the CourtJustice Rice

¶1 Joseph Giacomini (Giacomini) appeals from the order entered by the Thirteenth Judicial District Court, Yellowstone County, affirming the Billings Municipal Court’s denial of his motion to suppress evidence obtained by a blood draw following a DUI stop, and denial of his subsequent “Request for Hearing.” We affirm, restating Giacomini’s issues on appeal as follows:

¶2 1. Did the District Court err by affirming the Municipal Courts determination that law enforcement properly withdrew Giacomini’s blood against his will after obtaining a valid search warrant?

¶3 2. Did the District Court err by…

2Cases cited15 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Missouri v. McNeelySupreme Court of the United States · 2013
  3. Anderson v. United StatesSupreme Court of the United States · 1974
  4. State v. ElisonMontana Supreme Court · 2000
  5. Stanley v. LemireMontana Supreme Court · 2006

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3Cited by7 opinions

  1. State v. MinettMontana Supreme Court · 2014
  2. City of Missoula v. J. WilliamsMontana Supreme Court · 2017
  3. State v. D. HesserMontana Supreme Court · 2024
  4. State v. ClinkenbeardMontana Supreme Court · 2025
  5. City of Missoula v. J. WilliamsMontana Supreme Court · 2017

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

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