State v. Richard Clawson

¶1 Richard Clawson appeals his conviction after a jury trial for the offenses of driving under the influence (§ 61-8-401, MCA); criminal possession of dangerous drugs (§ 45-9-102(2), MCA); and criminal possession of drug paraphernalia (§45-10-103, MCA).

¶2 Clawson presents the following issue for review:

¶3 Whether the District Court properly held that the arresting officer had particularized suspicion to make the investigatory stop that led to Clawson’s arrest.

PROCEDURAL AND FACTUAL BACKGROUND

¶4 At 10:00 a.m. on October 7,2007, Keri Perez, her husband and her 11-year-old son stopped to get gas…