State v. J. Foster
Montana Supreme Court
1Opinion of the CourtChief Justice McGRATH
¶1 John C. Foster (Foster) appeals from the April 1, 2016 District Court denial of his motion to suppress all evidence and motion to dismiss. We affirm.
¶2 We restate the issue on appeal as follows:
Was the District Court’s finding that particularized suspicion existed to support an investigatory stop clearly erroneous?
FACTUAL AND PROCEDURAL BACKGROUND
¶3 On April 10, 2015, at approximately 4:57 p.m., Jonathan Rees (Rees) called 911, stating that he was following a driver who appeared to be intoxicated. Rees advised the dispatch that he was driving southbound on Highway 41 near mile marker 14,…
2Cases cited10 opinions
- Hulse v. State, Department of JusticeMontana Supreme Court · 1998
- State v. PrattMontana Supreme Court · 1997
- State v. LeeMontana Supreme Court · 1997
- City of Missoula v. MooreMontana Supreme Court · 2011
- State v. PetersMontana Supreme Court · 2011
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3Cited by7 opinions
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