Legal Opinion

State v. Kaufman

Montana Supreme Court

Decided December 12, 2002No. 01-162, 01-269, 01-345PublishedCited by 28 opinions

1Opinion of the CourtJustice Nelson

¶1 This consolidated appeal raises the question of whether a police officer possessed particularized suspicion to justify an investigative stop of a vehicle occupied by the three Appellants. We reverse the Fourth Judicial District Court and conclude that when the officer determined prior to the stop that the vehicle’s lighting system was not malfunctioning, he lacked the requisite particularized suspicion to conduct an investigative stop. Since the issue of whether the investigative stop was supported by particularized suspicion is dispositive, we do not reach the other issues raised by the…

2Cases cited18 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Ornelas v. United StatesSupreme Court of the United States · 1996
  3. United States v. CortezSupreme Court of the United States · 1981
  4. Interstate Production Credit Ass'n v. DesayeMontana Supreme Court · 1991
  5. State v. GopherMontana Supreme Court · 1981

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

3Cited by28 opinions

  1. State Of Iowa Vs. Robert Joseph VanceSupreme Court of Iowa · 2010
  2. State v. WeldeleMontana Supreme Court · 2003
  3. State v. SaxtonMontana Supreme Court · 2003
  4. BNSF Railway Co. v. CringleMontana Supreme Court · 2012
  5. State v. S. HooverMontana Supreme Court · 2017

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

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