City of Missoula v. J. Williams

JUSTICE SANDEFUR,

specially concurring.

¶29 I concur that the City’s application for a DUI search warrant stated sufficient probable cause to believe that Williams was driving under the influence of alcohol in violation of § 61-8-401, MCA, and that he waived his assertion of error regarding the implied consent advisory requirement by failing to raise it in Municipal Court. Thus, I concur that the Municipal Court did not err in denying Williams’ motion to suppress the blood alcohol content (BAC) evidence obtained by the Missoula Police pursuant to a post-refusal DUI search warrant. *314However, I…