State v. Belgarde

This is an appeal from the District Court of the Twelfth Judicial District of the State of Montana, in and for the County of Hill. Defendant, Gilbert Belgarde, was found guilty by a jury of driving a motor vehicle while under the influence of alcohol (DUI). We affirm.

We restate the issues on review before this Court as follows:

1. Whether the District Court erred in denying the defendant’s motion to exclude an audio-tape of defendant.

2. Whether the law enforcement officer had a “particularized” suspicion to justify an investigative stop of the defendant’s vehicle.

3. Whether there was probable…