State v. Van Dort

¶1 David Anthony Van Dort appeals from the December 14, 2001, Order of the Ninth Judicial District Court, Glacier County, denying his motion to suppress. We reverse.

¶2 The following issues are raised on appeal:

¶3 (1) Whether the District Court erred when it concluded that Van Dort was not unlawfully arrested; and

¶4 (2) Whether Van Dort’s subsequent Mirandized confession was admissible.

BACKGROUND

¶5 Van Dort was stopped by Glacier County Deputy Josh Olson while traveling west from Cut Bank, Montana, on U.S. Highway 2. Deputy Olson earlier received a report that the driver of a vehicle similar…