State v. Marino

¶1 Appellant Nicholas Andrew Marino (Marino) appeals the order of the Fifteenth Judicial District Court, Roosevelt County, denying his motion to suppress. We affirm.

¶2 We consider the following issue on appeal:

¶3 Did the District Court err by concluding that law enforcement properly conducted a canine sniff of Marino’s vehicle based upon particularized suspicion?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 At approximately 1:30 a.m. on June 2, 2013, Marino drove his vehicle out of the Town Pump gas station in Wolf Point, Montana, without the headlights turned on. Noticing the lack of headlights,…