State v. Schubert
244 P.3d 748
Mont.2010Background
- Schubert challenged denial of motion to suppress evidence and for dismissal of DUI first offense after being stopped by a flagger and detained by a private citizen acting under § 46-6-502, MCA (2007).
- Shirley Richards, a construction flagger, observed Schubert weaving in and out of his lane and signaled him to stop; Amanda Richards had earlier alerted Shirley to a possible drunk driver matching Schubert’s description.
- Deputy Gunlikson arrived, noticed odor of alcohol, red, glassy eyes, and slurred speech, and began a DUI investigation resulting in BAC above 0.19.
- The district court found that Schubert was placed under arrest by Shirley and had probable cause to support a citizen’s arrest for DUI; Schubert pled guilty in justice court and appealed to the district court.
- The district court denied suppression, and Schubert appealed to the Montana Supreme Court, which assumed an arrest occurred for purposes of analysis but reviewed whether probable cause supported the arrest under § 46-6-502.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a citizen arrest occurred here. | Schubert argues no arrest occurred; Amanda’s report and Shirley’s observations do not create probable cause. | Schubert contends the stop was not an arrest or, if an arrest, lacked probable cause. | Assumed arrest occurred; probable cause supported arrest. |
| Whether Amanda’s third-party report plus Shirley’s observations provided probable cause under § 46-6-502. | Amanda’s report, coupled with Shirley’s observations, established probable cause for a citizen’s arrest. | Third-party report alone is insufficient without corroborating observations. | Probable cause established under Williamson/May framework. |
| Whether the district court erred in applying May/Williamson standards to a private citizen arrest. | Court properly applied probable cause standard based on reliable third-party information. | Application of standard was flawed or incomplete. | District court properly applied the probable cause standard; no reversible error. |
Key Cases Cited
- State v. May, 320 Mont. 116 (2004 MT) (probable cause framework for private citizen arrests; appellate standard of review)
- Williamson v. State, 290 Mont. 321 (1998 MT) (reliable source information may support probable cause for citizen arrest; out-of-jurisdiction officer context)
- Jess v. State, Dept. of Justice, Motor Vehicle Div., 841 P.2d 1137 (1992) (probable cause based on information from reliable source (1991 statute changes))
- State v. Schoffner, 811 P.2d 548 (1991 MT) (probable cause standard for citizen arrest; information from reliable source)