State v. J. Foster
2017 MT 118
| Mont. | 2017Background
- On April 10, 2015 a 911 caller, Jonathan Rees, reported following a dark blue Dodge Ram pickup that was “driving all over the road” on Highway 41 and said the truck had a large concrete cylinder in its bed; Rees gave his full name and agreed to sign a report at the courthouse.
- Montana Highway Patrol Trooper Mitch Voss heard the dispatch, located a vehicle matching the description, and observed the truck cross the white line, weave within its lane, and travel at a relatively slow speed.
- Trooper Voss stopped the vehicle, identified John C. Foster as the driver, and arrested him for DUI.
- Foster moved to suppress evidence and to dismiss for lack of particularized suspicion; the Justice Court denied the motion, convicted Foster, and Foster appealed to the District Court.
- The District Court denied Foster’s suppression/dismissal motions; Foster pleaded guilty while reserving the right to appeal the denial. The Montana Supreme Court reviewed whether particularized suspicion supported the investigatory stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether particularized suspicion supported the investigatory stop | State: Trooper Voss had particularized suspicion based on Rees’ reliable tip plus Voss’ observations of impaired driving | Foster: Rees’ tip was unreliable (insufficient ID/detail) and Voss failed to corroborate or obtain articulable facts to justify the stop | The stop was supported: Rees’ tip met reliability factors and Voss also independently observed objective signs of impairment |
Key Cases Cited
- State v. Pratt, 286 Mont. 156, 951 P.2d 37 (officer may rely on a citizen informant; three-factor test to assess informant reliability)
- State v. Clawson, 351 Mont. 354, 212 P.3d 1056 (use totality of circumstances and Pratt factors for reliability)
- City of Missoula v. Moore, 360 Mont. 22, 251 P.3d 679 (detail and innocent corroborating facts can show informant reliability; officer corroboration may include innocent behavior)
- State v. Gill, 364 Mont. 182, 272 P.3d 60 (standard of review and totality-of-circumstances approach to particularized suspicion)
- State v. Lee, 282 Mont. 391, 938 P.2d 637 (anonymous tips are less reliable; contrasting precedents on informant identification)