291 P.3d 1106
Mont.2012Background
- Montana charged Delaine and Malisa Fitzpatrick with multiple counts based on undercover marijuana purchases.
- Agent Gremaux obtained a medical marijuana patient card under false identity to infiltrate Gonja Gardens and monitor sales.
- Undercover activity led to marijuana seizures exceeding statutory limits for caregivers/patients under the Act.
- Fitzpatricks moved to suppress and dismiss citing outrageous government conduct; district court granted dismissal.
- State appeals and district court dismissal was reversed; issue narrowed to outrageous government conduct standard.
- Court held agent conduct was not malum in se and not engineering the enterprise from start to finish; dismissal reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether outrageous government conduct warranted dismissal. | Fitzpatrick: conduct shocks due process; outrageous conduct doctrine applies. | State: conduct not malum in se or enterprise-directed; no due process violation. | No; dismissal reversed and remanded. |
Key Cases Cited
- Rochin v. California, 342 U.S. 165 (1952) (shocks-the-conscience standard for government conduct)
- Russell v. United States, 411 U.S. 423 (1973) (outrageous conduct allowed in limited circumstances; cautions context matters)
- Sorrells v. United States, 287 U.S. 435 (1932) (origin of entrapment doctrine (subjective approach))
- Hampton v. United States, 425 U.S. 484 (1976) (outrageous conduct defense discussed with mixed opinions; scope limited)
- Greene v. United States, 454 F.2d 783 (9th Cir. 1971) (only case to successfully apply outrageous conduct; distinguishes case")
- U.S. v. Hugs, 109 F.3d 1375 (9th Cir. 1997) (upholds undercover conduct not implicating due process where rights not infringed)
- U.S. v. Wiley, 794 F.2d 514 (9th Cir. 1986) (undercover drug-related investigations; admissibility of actions)
- Shaw v. Winters, 796 F.2d 1124 (9th Cir. 1986) (false identities by undercover agents upheld)
- U.S. v. Stenberg, 803 F.2d 422 (9th Cir. 1986) (upholds certain undercover actions)
- Rivera v. Wyoming, 846 P.2d 1 (Wy. 1993) (undercover violations not implicating rights)