State v. Foster

At issue was whether the district court's finding that particularized suspicion existed to support an investigatory stop was clearly erroneous. The Supreme Court of Montana held that, based on the totality of the circumstances, a witness's 911 report contained sufficient indicia of reliability to form the basis for the highway patrol trooper's particularized suspicion. Furthermore, the trooper independently formed particularized suspicion that defendant was drinking under the influence of alcohol. Therefore, the district court did not err in denying defendant's motion to suppress evidence and motion to dismiss. The court affirmed the judgment. View "State v. Foster" on Justia Law