State v. Deshaw, 291 P.3d 561

Neighbors reported suspicious activity at Deshaw's Blaine County residence, noting heavy traffic and a girl saying she couldn't enter the basement where plants were kept.
Undersheriff Pyette referred the tip to the Tri-Agency Safe Trails Task Force; Winfield confirmed Deshaw was a medical marijuana patient but not a caregiver.
Winfield entered Deshaw's home with consent, introduced himself to Deshaw's wife Jennifer, and viewed Deshaw's basement grow operation.
Winfield observed more than 40 marijuana plants during a prior lawful search, and noted Deshaw possessed only the amount allowed for a patient; a warrant was sought.
A search warrant was issued; during execution, 23 marijuana plants, about two ounces of marijuana, two pans of cookies, and a pan of brownies were seized; Deshaw was left with permissible quantities.
Deshaw was charged with Criminal Possession with Intent to Distribute; he moved to suppress and dismiss, which the district court denied; he later pled guilty while reserving appeal on suppression.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Reliability of informant for probable cause	Deshaw argues Scott's tip lacked reliability tainting probable cause.	State contends informant reliability supports initial contact and warrant basis.	Informant reliable; not dispositive since consent and independent verification supported search.
Validity of consent to search	Consent was coerced or not freely given under color of authority.	Consent was voluntary and freely given; no coercion.	Consent was voluntary and valid; permits warrantless inspection as an exception to the warrant requirement.
Validity of the search warrant	Warrant lacked probable cause due to unreliable informant information.	Totality of circumstances supports probable cause for the warrant.	Warrant supported by totality of the circumstances; valid.

State v. Tucker, 345 Mont. 237 (2008 MT 273) (three-part informant reliability analysis; totality of the circumstances)
State v. Reesman, 301 Mont. 408 (2000 MT 243) (informant reliability framework; confidential vs. concerned citizen)
State v. Barnaby, 333 Mont. 220 (2006 MT 203) (partial overrule of prior distinctions; informant considerations)
State v. Palmer, 316 Mont. 46 (2003 MT 129) (reliability of informants; admissions against interest)
State v. Valley, 252 Mont. 489 (1992) (citizen vs confidential informants reliability assumptions)
State v. Buck, 331 Mont. 517 (2006 MT 81) (consent as search exception; burden on defendant to show error)
State v. Aakre, 309 Mont. 403 (2002 MT 101) (probable cause and consent considerations in searches)
State v. Rushton, 264 Mont. 248 (1994) (statutory and constitutional constraints on searches)