State v. Montgomery
968 So. 2d 543
Ala. Crim. App.2011Background
- Maurice Montgomery was indicted for third-degree burglary; the State sought to introduce his confession obtained after a dog-tracking-based arrest, which the trial court suppressed.
- Rankin's general store burglary was reported; officers found kicked door damage, footwear evidence, and Rankin’s statement about two suspects fleeing toward the area where shoes and sock were later found.
- Dog wardens tracked a scent from the crime scene toward Montgomery, leading to him on a roadside with a juvenile and Montgomery was seized, Mirandized, and taken to the jail.
- Montgomery was not free to leave once the dog-tracking led to him; he was handcuffed and questioned after Miranda warnings, resulting in a confession.
- The suppression court granted the motion to suppress the confession; on appeal, the State argues dog-tracking can supply probable cause for arrest without a warrant.
- The Alabama Court of Criminal Appeals reverses, holding dog-tracking evidence can provide probable cause for arrest and that the suppression was improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dog-tracking evidence can establish probable cause for arrest | Montgomery (State) argues tracking from scent constitutes probable cause | Montgomery contends dog-tracking alone does not create probable cause | Yes; dog-tracking can provide probable cause for arrest |
| Whether Montgomery was seized/arrested at the roadside sufficient to implicate Miranda | State asserts seizure created arrest-like restraint | Montgomery argues absence of formal arrest but still free to leave | Seizure at roadside equates to arrest; suppression reversed |
Key Cases Cited
- Gavin v. State, 891 So.2d 907 (Ala. Crim. App. 2003) (dog-tracking admissibility and foundation)
- Dixon v. State, 588 So.2d 903 (Ala. 1991) (probable cause standard for arrest; probabilistic approach)
- Michigan v. Summers, 452 U.S. 692 (1981) (arrest/seizure constraints and protective-custody doctrine)
- Ex parte Boyd, 542 So.2d 1276 (Ala. 1989) (collective police knowledge and probable cause principles)
- State v. Johnson, 682 So.2d 385 (Ala. 1996) (probable cause standard for arrest; reasonable cause)