State v. Stevens, 434 P.3d 904

Early morning (6 a.m.) near Libby courthouse, Deputy Holzer observed Stevens "bobbing up and down" while hiding in bushes across from a high‑risk prisoner transport area.
Holzer called for backup; Trooper Trewick joined. Officers approached with weapons drawn; Holzer ordered Stevens to stand, show hands, turn around, and then placed him in handcuffs. Stevens appeared nervous and cooperated.
During questioning Stevens admitted to hiding an open container of alcohol and to possessing methamphetamine; officers then searched him and found methamphetamine, a fentanyl patch, and drug paraphernalia. Field tests confirmed methamphetamine.
Stevens was charged with felony possession of dangerous drugs, moved to suppress the statements and the drugs arguing an unlawful detention and arrest; the District Court denied suppression.
Stevens pleaded guilty under a plea agreement, reserved his right to appeal the suppression ruling, and appealed the denial. The Supreme Court of Montana affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether initial stop was supported by particularized suspicion	Stevens: mere presence near courthouse is insufficient; officers lacked particularized suspicion	State: unusual behavior (hiding, "bobbing"), concealment, location and time justified particularized suspicion to investigate	Court: Stop was justified; totality of circumstances gave officers particularized suspicion
Whether immediate handcuffing converted the stop into an arrest requiring probable cause	Stevens: placing him in handcuffs constituted an arrest without probable cause	State: handcuffs were used for officer safety during a Terry stop and did not show intent to arrest	Court: Handcuffing did not convert the stop into an arrest; officers properly used safety measures under investigatory stop authority
Whether probable cause existed for arrest when drugs were seized	Stevens: arrest and search lacked probable cause, so fruits must be suppressed	State: Stevens’ spontaneous admission that he possessed methamphetamine provided probable cause to arrest and search incident to arrest	Court: Admission during the stop created probable cause; arrest and seizure were lawful
Whether suppression of statements/drugs was required	Stevens: unlawfully detained and arrested, so statements and drugs inadmissible	State: stop lawful, safety measures justified, and probable cause developed during encounter	Court: Denial of suppression affirmed; evidence admissible

Terry v. Ohio, 392 U.S. 1 (1968) (establishes the investigatory stop and dual‑inquiry test)
Mendenhall v. United States, 446 U.S. 544 (1980) (defines seizure and factors indicating a person is not free to leave)
Katz v. United States, 389 U.S. 347 (1967) (Fourth Amendment protects people, not places)
Adams v. Williams, 407 U.S. 143 (1972) (officers may take reasonable steps to protect themselves during investigatory stops)
State v. Thornton, 218 Mont. 317 (1985) (adopts three‑part test for whether an arrest occurred)
State v. Stubbs, 270 Mont. 364 (1995) (previous holding that handcuffing at gunpoint effected an arrest; distinguished in this case)