State v. Kelm
300 P.3d 687
Mont.2013Background
- Kelm was detained after Krause observed erratic driving and suspected DUI in Plentywood, Montana in February 2011.
- Krause conducted an HGN test and concluded probable intoxication; Kelm admitted a single drink.
- Krause transported Kelm to jail for controlled sobriety testing due to weather; no arrest warning given yet.
- In the patrol car, Krause detected alcohol on breath; later, he obtained consent to perform additional tests.
- Krause later read a Miranda warning after booking; a breath test yielded BAC 0.198; Kelm pleaded guilty but appealed.
- District Court suppressed some post-arrest evidence and all evidence before Miranda warnings were articulated; State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Arrest statute violation and suppression | Krause had probable cause; failure to inform under 46-6-312 MCA did not bar arrest. | Failure to inform rendered arrest unlawful and required suppression of post-arrest evidence. | Arrest lawful; post-arrest evidence not per se suppressed. |
| Miranda timing and suppression | Miranda warning not required at arrest; only custodial interrogation requires warnings. | Lack of immediate Miranda warning requires suppression of all subsequent evidence. | Only two custodial-questions suppressed; other non-testimonial evidence admissible. |
| Plain view seizure | Beer bottle and cup seized under plain view when Krause turned off lights. | Krause was not lawfully present inside vehicle to seize items. | Krause lawfully present; beer bottle and cup properly seized under plain view. |
Key Cases Cited
- State v. West, West v. State, 1998 MT 282, 291 Mont. 435, 968 P.2d 289 (MT 1998) (statutory arrest information requirement does not automatically suppress evidence)
- State v. Bradshaw, Bradshaw v. State, 53 Mont. 96, 161 P. 710 (MT 1916) (informing arrestee of authority and reason to arrest)
- State v. Delao, State v. Delao, 2006 MT 179, 333 Mont. 68, 140 P.3d 1065 (MT 2006) (plain view seizure when officer safeguards vehicle; gratuitous bailee duty)
- State v. Ferguson, State v. Ferguson, 2005 MT 343, 330 Mont. 103, 126 P.3d 463 (MT 2005) (timing of evidence suppression and search/seizure standards)
- State v. Van Kirk, State v. Van Kirk, 2001 MT 184, 306 Mont. 215, 32 P.3d 735 (MT 2001) (miranda applicability to non-testimonial evidence; sobriety tests scope)