Muir v. Bilderback, 353 P.3d 473

Background

Washington investigators contacted Missoula police in March 2013 about Bobby Bilderback, wanted in Washington in connection with a homicide and suspected drug trafficking; they supplied Bilderback’s Missoula address and Hummer description/registration.
Missoula officers located and arrested Bilderback at that Missoula residence and seized his Hummer.
Detective Curtis obtained a Montana search warrant for the Hummer, incorporating an affidavit from Whitman County Deputy Brown that relied in part on informant Bradley Griffith and on Bilderback’s own admissions to Washington officers.
The search turned up a locked metal toolbox with over $36,000 cash and a thermos in the engine compartment containing methamphetamine residue.
Missoula Chief of Police Muir filed a civil forfeiture petition for the Hummer and seized property; Bilderback (represented) moved to suppress, for summary judgment, and later moved to dismiss for lack of personal notice of the forfeiture hearing. The district court denied all motions; the court ordered forfeiture after Bilderback/ counsel failed to appear at the hearing.

Issues

Issue	Plaintiff's Argument (Muir)	Defendant's Argument (Bilderback)	Held
1. Validity of search warrant for Hummer	Warrant properly based on incorporated affidavits (Griffith + Brown) showing probable cause to search for drugs, proceeds, and containers in vehicle	Informant Griffith was unreliable/uncorroborated re: lockbox; warrant was overbroad/general and based on out-of-state offense	Warrant valid. Griffith was a named, reliable informant corroborated by Bilderback’s admissions; warrant sufficiently particular and authorized search of locked containers; seizure was lawful.
2. Motion to dismiss forfeiture for lack of personal notice of hearing	Notice provided consistent with civil procedure: once defendant is represented, notices may be served on counsel	Statute requires notice of hearing to be served as petition/summons were served, i.e., personally on respondent; lack of personal hearing notice voids proceeding	Denial affirmed. Service on Bilderback was initially personal; thereafter service on his attorney satisfied notice requirements under Rule 5 and §25-3-402 because he appeared through counsel.
3. Summary judgment (innocent owner / no use in drug offense)	Forfeiture supported by evidence that vehicle was used in drug trafficking and mother Felton was a sham owner; genuine disputes of material fact exist	Felton is an innocent, registered co-owner; no evidence Hummer was used in drug offense	Denial affirmed. Credible competing evidence raised genuine issues of material fact precluding summary judgment.

Key Cases Cited

State v. Bar-Jonah, 324 Mont. 278, 102 P.3d 1229 (discusses warrant particularity and limits on general exploratory searches)
State v. Zito, 333 Mont. 312, 143 P.3d 108 (probable cause assessed under totality of circumstances; practical common-sense determination)
State v. Tucker, 345 Mont. 237, 190 P.3d 1080 (probable cause judged within four corners of application; deference to magistrate)
State v. Palmer, 316 Mont. 46, 68 P.3d 809 (reliability of identified informant motivated by good citizenship)
State v. Kelly, 205 Mont. 417, 668 P.2d 1032 (warrant need not explicitly name offense when facts indicate suspected offense)