State v. Wagner
2013 MT 159
| Mont. | 2013Background
- Wagner challenged a DUI-related stop in Lincoln County; the stop was based on Deputy Davis observing erratic driving and lane straddling.
- Davis noticed Wagner straddling the two southbound lanes for 500–600 feet, then drifting into the left lane without signaling, then weaving in the right lane.
- Davis had DUI training and testified Wagner’s driving suggested impairment; video did not capture earlier erratic driving due to automatic recording behavior.
- Wagner testified he stayed in his lane to avoid wildlife and disputed straddling the line; the district court credited Davis and found particularized suspicion existed.
- A suppression motion was denied by the Justice Court, then denied again by the District Court after an evidentiary hearing; Wagner appealed to the Montana Supreme Court.
- The Montana Supreme Court held that the District Court did not err in finding particularized suspicion to justify an investigative stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was particularized suspicion to justify the stop | Wagner contends lack of objective data to justify stop | Wagner argues no erratic driving sufficient for stop | Yes; sufficient facts supported suspicion |
Key Cases Cited
- Brown v. State, 349 Mont. 408, 203 P.3d 842 (2009 MT 64) (objective data and inferences for particularized suspicion; totality of circumstances)
- Flynn v. State, 251 P.3d 143 (2011 MT 48) (stop based on officer's knowledge at the time; defendant's later explanations do not negate proper stop)
- Schulke v. State, 109 P.3d 744 (2005 MT 77) (statutory violation or erratic driving may support stop; not required to cite specific offense)
- Brander, 92 P.3d 1173 (2004 MT 150) (driving behaviors and inferences can establish suspicion for DUI stop)
- Deines v. State, 208 P.3d 857 (2009 MT 179) (absence of video does not defeat credibility of officer's sworn observations)
- Weer v. State, 244 P.3d 311 (2010 MT 232) (fact-specific inquiry; review deferential to trial court credibility)
- Moore v. City of Missoula, 251 P.3d 679 (2011 MT 61) (totality of circumstances in determining particularized suspicion)
- Clark v. State, 218 P.3d 483 (2009 MT 327) (requires objective data and reliable inferences for stop; totality of circumstances)
- State v. Nixon, 298 P.3d 408 (2013 MT 81) (standard for reviewing suppression decisions; clearly erroneous findings reviewed)