State v. Williamson

1998 MT 199, 965 P.2d 231, 290 Mont. 321, 55 State Rptr. 843, 1998 Mont. LEXIS 176
CourtMontana Supreme Court
DecidedAugust 13, 1998
Docket97-135
StatusPublished
Cited by37 cases

This text of 1998 MT 199 (State v. Williamson) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Williamson, 1998 MT 199, 965 P.2d 231, 290 Mont. 321, 55 State Rptr. 843, 1998 Mont. LEXIS 176 (Mo. 1998).

Opinions

JUSTICE GRAY

delivered the Opinion of the Court.

¶1 Russell Lee Williamson (Williamson) appeals from the judgment entered by the Seventeenth Judicial District Court, Blaine County, on its order denying his motion to suppress evidence. We reverse.

¶2 The issue on appeal is whether the District Court erred in concluding that Officer Mark Weber had probable cause to stop Williamson and in denying Williamson’s motion to suppress on that basis.

BACKGROUND

¶3 On June 20,1995, the Blaine County Sheriff’s Office dispatcher received a telephone call from Sue Reid (Reid) reporting a drunk driver in the vicinity of the C-Store convenience store (C-Store) in Chinook, Montana. The dispatch record indicates that Reid reported a “very drunk” older male, driving an old blue Chevy pickup truck which, at the time, was parked behind the C-Store, and gave the license plate number of the truck. The dispatcher contacted Officer Mark Weber (Weber) of the Chinook Police Department and, according to Weber’s incident report, informed him that Reid had reported a “possible drunk driver” and gave him a description of the driver and vehicle. While the dispatcher’s report describes the vehicle as a Chevy truck, Weber’s report indicates he was told it was a Ford truck. As Weber was responding to the call, the dispatcher again contacted him to relay the additional information that the driver had left the C-Store in the truck and was westbound on Highway 2.

¶4 When Weber reached the area of the C-Store, which is within the Chinook city limits, he did not see the truck. However, he could see a group of vehicles driving west on Highway 2 approximately a mile away and outside the Chinook city limits. Weber could not positively identify the blue pickup truck as being among the group of vehicles but, acting on his belief that it was, he activated the top lights on his patrol car and followed the vehicles along Highway 2.

¶5 Weber caught up with the group of vehicles approximately three miles outside of Chinook, at which point he could see a blue Ford truck [325]*325several vehicles ahead of him. Before he could pass enough vehicles to get directly behind it, the truck turned off the highway onto a gravel road. Weber also turned onto the gravel road and pulled up behind the truck with the lights of his patrol car flashing. The truck finally stopped about a quarter of a mile up the road. Weber had not observed any erratic driving or other indicators of alcohol impairment prior to stopping the truck. However, after talking with and observing the driver, eventually identified as Williamson, Weber arrested him for driving under the influence of alcohol (DUI) and transported him to the Blaine County Sheriffs Office.

¶6 Williamson was charged in Chinook City Court with DUI, second offense, in violation of § 61-8-401, MCA. He moved to suppress all the evidence gathered subsequent to the time his truck was stopped on the basis that Weber did not have probable cause to stop him. The City Court denied the motion. Williamson subsequently pled guilty to the DUI charge, conditioned on his right to appeal the City Court’s ruling on his motion to suppress, and renewed his motion in the District Court. The District Court affirmed the City Court’s denial of the motion to suppress and Williamson appealed.

STANDARD OF REVIEW

¶7 We review a district court’s denial of a motion to suppress to determine whether the court’s findings of fact were clearly erroneous and whether those findings were correctly applied as a matter of law. State v. Fitzgerald (1997), 283 Mont. 162, 167, 940 P.2d 108, 111. The pertinent facts in this case are undisputed and, as a result, we address whether the District Court correctly applied the law in concluding that Weber had probable cause to stop Williamson.

DISCUSSION

¶8 Did the District Court err in concluding that Weber had probable cause to stop Williamson and in denying Williamson’s motion to suppress on that basis?

¶9 Williamson asserted that Weber needed probable cause for the stop because he was acting outside his territorial jurisdiction as a city police officer and the information within Weber’s knowledge at the time of the stop did not rise to the level of probable cause. On that basis, he argued that all evidence obtained subsequent to the stop should be suppressed. In denying the motion to suppress, the District Court concluded that the relayed information and descriptions from the citizen informant, combined with Weber’s observation of a blue [326]*326truck matching the description given to him, provided the officer with probable cause to stop Williamson. Williamson contends that the facts within Weber’s knowledge at the time he stopped Williamson did not establish the probable cause necessary to justify the stop.

¶ 10 Before addressing whether the District Court erred in concluding that Weber had probable cause to stop Williamson, we take this opportunity to clarify the difference between the probable cause necessary to effectuate a valid arrest and the particularized suspicion necessary to justify an investigative stop under § 46-5-401, MCA. We also discuss the applicability of the probable cause standard — rather than particularized suspicion — in this case.

¶11 Section 46-5-401, MCA, authorizes law enforcement officers to conduct investigatory stops by providing that

[i]n order to obtain or verify an account of the person’s presence or conduct or to determine whether to arrest the person, a peace officer may stop any person or vehicle that is observed in circumstances that create a particularized suspicion that the person or occupant of the vehicle has committed, is committing, or is about to commit an offense.

An investigatory stop must be justified by some objective manifestation that the person stopped is, or is about to be, engaged in criminal activity. State v. Lee (1997), 282 Mont. 391, 394, 938 P.2d 637, 639 (citation omitted). When such a stop is challenged, the prosecution must show that there was objective data from which an experienced officer could make certain inferences resulting in a suspicion that the person is or has been engaged in wrongdoing. Lee, 282 Mont. at 394, 938 P.2d at 639 (citing State v. Gopher (1981), 193 Mont. 189, 193, 631 P.2d 293, 296). A particularized suspicion determination must be based on the totality of the circumstances in a given case. Lee, 282 Mont. at 394, 938 P.2d at 639.

¶ 12 While an investigatory stop may be based on only a particularized suspicion of criminal activity, an officer must have probable cause to justify a warrantless arrest.

A peace officer may arrest a person when a warrant has not been issued if the officer has probable cause to believe that the person is committing an offense or that the person has committed an offense and existing circumstances require immediate arrest.

Section 46-6-311(1), MCA. Probable cause to arrest is established if the facts and circumstances within an officer’s personal knowledge, or related to the officer by a reliable source, are sufficient to warrant a [327]*327reasonable person to believe that someone is committing or has committed an offense. Jess v. State, Dept.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. J. Baldwin
2024 MT 199 (Montana Supreme Court, 2024)
State v. W. Case
2024 MT 165 (Montana Supreme Court, 2024)
State v. J. James
2024 MT 109 (Montana Supreme Court, 2024)
State v. E. Boudette
2024 MT 65N (Montana Supreme Court, 2024)
State v. A. Pippen
2017 MT 59N (Montana Supreme Court, 2017)
State v. Ellis-Peterson
2016 MT 159N (Montana Supreme Court, 2016)
City of Missoula v. Iosefo
2014 MT 209 (Montana Supreme Court, 2014)
State v. Kelm
2013 MT 115 (Montana Supreme Court, 2013)
State v. Updegraff
2011 MT 321 (Montana Supreme Court, 2011)
City of Missoula v. Moore
2011 MT 61 (Montana Supreme Court, 2011)
State v. Schubert
2010 MT 255 (Montana Supreme Court, 2010)
State v. Sees
222 P.3d 644 (Montana Supreme Court, 2009)
Peschel v. City of Missoula
664 F. Supp. 2d 1149 (D. Montana, 2009)
State v. Ditton
2009 MT 57 (Montana Supreme Court, 2009)
State v. Ellington
2006 MT 219 (Montana Supreme Court, 2006)
State v. Frasure
2004 MT 242 (Montana Supreme Court, 2004)
State v. May
2004 MT 45 (Montana Supreme Court, 2004)
State v. Crasco
2003 MT 250N (Montana Supreme Court, 2003)
State v. Reiner
2003 MT 243 (Montana Supreme Court, 2003)
State v. Marcus
660 N.W.2d 837 (Nebraska Supreme Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
1998 MT 199, 965 P.2d 231, 290 Mont. 321, 55 State Rptr. 843, 1998 Mont. LEXIS 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-williamson-mont-1998.