State v. Cameron
2011 MT 276
| Mont. | 2011Background
- At about 1:00 a.m. on October 31, 2009, Deputy Sheriff observed Cameron's vehicle drift onto the centerline four times over five miles.
- The vehicle never crossed into the oncoming lane, but touched the centerline for ~100 yards at one point, prompting a suspicion of impairment.
- Deputy stopped the vehicle and a breath test showed Cameron had a BAC of 0.155.
- Cameron was charged in Justice Court with driving under the influence (DUI) and DUI per se.
- Cameron moved to suppress the stop as lacking particularized suspicion; the Justice Court denied the motion.
- Cameron pled guilty to DUI while reserving the right to appeal the suppression denial; the District Court affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by particularized suspicion | Cameron argues there was no particularized suspicion to stop. | State contends the stop was valid under totality of circumstances per Weer. | District Court did not err; stop supported by particularized suspicion. |
Key Cases Cited
- State v. Flynn, 2011 MT 48 (Mont.) (standard for suppression review; articulates totality of circumstances and that defendant's later explanations do not negate a valid stop)
- City of Missoula v. Moore, 2011 MT 61 (Mont.) (defines particularized suspicion factors and totality of circumstances)
- Brown v. State, 2009 MT 64 (Mont.) (articulates requirements for particularized suspicion)
- State v. Rutherford, 2009 MT 154 (Mont.) (explains evaluation of information reliability in stop)
- State v. Weer, 2010 MT 232 (Mont.) (time of day, stop location, and driving behavior as permissible totality factors)
- State v. Brander, 2004 MT 150 (Mont.) (quotations on forming reasonable suspicion from objective facts)
- Lafferty, 1998 MT 247 (Mont.) (criticized as flawed precedent for suspicion in this context)
- Morris v. State, 2001 MT 13 (Mont.) (discounted as precedent for similar reasons to Lafferty)
