State v. S. McFee
2016 MT 310N
| Mont. | 2016Background
- On Dec. 17, 2013, two deputies in a marked patrol car drove up a two-track path to an isolated parked car east of Shelby, Montana; the deputies did not activate emergency lights.
- Deputy Anderson exited and approached the driver (McFee); within about a minute Deputy Donahue also approached the vehicle’s passenger side.
- Anderson smelled burnt marijuana, observed glassy/red eyes, and questioned McFee; McFee admitted to smoking marijuana.
- Anderson saw a plastic baggie near McFee and a gym bag with marijuana; McFee refused a vehicle search, the vehicle was secured, and McFee was arrested; a warrant search of the towed car uncovered multiple drugs and paraphernalia.
- McFee moved to suppress the evidence, arguing the initial encounter was an unlawful seizure; the district court denied suppression, she pleaded guilty while reserving suppression appeal, and the Supreme Court of Montana affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the deputies’ encounter constituted a seizure under the Fourth Amendment | State: Deputies’ conduct (approach, questioning) was a consensual encounter; a reasonable person would feel free to leave, so no seizure occurred | McFee: Positioning of patrol car, multiple deputies, and securing the vehicle made a reasonable person feel not free to leave—constituted a seizure | Court: No seizure. Facts (no lights, single deputy initially, nonthreatening approach/words, no show of force) support district court’s findings and application of settled law |
Key Cases Cited
- State v. Ballinger, 382 Mont. 193, 366 P.3d 668 (Mont. 2016) (standard of review for suppression motions and that seizure analysis depends on totality of circumstances)
- State v. Strom, 376 Mont. 277, 333 P.3d 218 (Mont. 2014) (use objective reasonable-person test to determine whether an encounter is a seizure)
- State v. Wagner, 370 Mont. 381, 303 P.3d 285 (Mont. 2013) (clear statement of factual-clear-error standard for suppression findings)
- United States v. Mendenhall, 446 U.S. 544 (U.S. 1980) (examples of factors indicating a seizure: multiple officers, display of weapon, physical touching, or authoritative language)