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State v. Roberts3/25/1999
Pratt, corroboration was found where the officer "observed the described vehicle within a short period of time, traveling in the direction and on the same street indicated by Lafournaise." Pratt, 286 Mont. at 166, 951 P.2d at 43. The investigative stop in Pratt occurred "mere moments" after the officer was advised by dispatch. See Pratt, 286 Mont. at 167, 951 P.2d at 44. Under this scenario, the officer could be almost certain that the person driving was the same one reported mere moments before. Here, the informant was only able to surmise where the truck was headed. By the time Oster saw the vehicle in motion, he had no idea who was driving. The officer conducting the stop must have a particularized suspicion and objective basis for suspecting the particular person stopped of criminal activity. See Lee, 282 Mont. at 394, 938 P.2d at 639. Furthermore, where a citizen tip is less reliable, as with the tip here, more corroboration is required by the arresting officer to establish particularized suspicion. See Pratt, 286 Mont. at 168, 951 P.2d at 44.
. I would affirm the District Court's suppression of this evidence. In my view, the District Court properly concluded that, based on the totality of the circumstances, there was not a particularized suspicion to support this investigative stop.
JIM REGNIER
Justices William E. Hunt, Sr., and Terry N. Trieweiler join in the foregoing Dissent.
WILLIAM E. HUNT, SR.
TERRY N. TRIEWEILER
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