296 P.3d 1169
Mont.2013Background
- Peace officer stopped Roy for speeding on Interstate 90 in Billings; stop linked to a drug-trafficking tip about a Jeep Cherokee with a Yellowstone Park sticker carrying marijuana.
- Officer approached Roy and Johnson; Roy was driving, Johnson passenger; after initial contact, officer returned to his car to run records for Roy and the vehicle
- Officer wrote warnings for speeding and misaddressed residence, then asked Roy to exit the vehicle to walk to the rear so he could observe Roy and separate him from the deodorizer smell.
- Upon Roy exiting, the officer detected a burnt marijuana odor on Roy or his clothing, contributing to suspicions of drug involvement.
- Detective Benjamin had corroborated information about a Jeep Cherokee with a YNP sticker traveling to Billings with large quantities of marijuana; evidence suggested a long road trip and marijuana concealment.
- Roy ultimately admitted marijuana was in the vehicle after a police dog alert and subsequent vehicle search revealing about three pounds of marijuana.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exit of the driver violated the Fourth Amendment. | Roy argues the stop ended and exit was unnecessary. | Roy contends no expansion of the stop; odor not grounds for extended detention. | Exit permitted by particularized suspicion to pursue drug evidence. |
Key Cases Cited
- Pennsylvania v. Mimms, 434 U.S. 106 (1977) (police may order driver out of vehicle in traffic stops for safety)
- Maryland v. Wilson, 519 U.S. 408 (1997) (police may order passengers out during traffic stops for safety)
- State v. Carlson, 302 Mont. 508, 15 P.3d 893 (2000 MT) (investigatory stops require particularized suspicion and limited scope)
- Florida v. Royer, 460 U.S. 491 (1983) (stop and frisk framework; limits on stop duration)
- Brown v. State, 2009 MT 64, 349 Mont. 408, 203 P.3d 842 (2009 MT) (totality of circumstances for particularized suspicion)
- Cortez v. United States, 449 U.S. 411 (1981) (totality-of-the-circumstances standard for reasonable suspicions)
- Gopher v. State, 193 Mont. 189, 631 P.2d 293 (1981 MT) (scope of investigatory stop must be narrowly tailored)
- Hurlbert, 2009 MT 221, 351 Mont. 316, 211 P.3d 869 (2009 MT) (stop may not last longer than necessary)
- Gill v. State, 2012 MT 36, 364 Mont. 182, 272 P.3d 60 (2012 MT) (reliance on information from third parties to form suspicion)
- Rutherford v. State, 2009 MT 154, 350 Mont. 403, 208 P.3d 389 (2009 MT) (consideration of reliability and totality of information)