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State v. Loney8/3/2004
would have led an experienced officer to infer Loney was committing a traffic violation. Observation of a traffic offense is sufficient to establish a particularized suspicion. See State v. Brander , 2004 MT 150, 6, 321 Mont. 484, 6, 92 P.3d 1173, 6. Under the totality of the circumstances, we conclude the District Court erred in finding Caughey lacked particularized suspicion to justify an investigative stop. Therefore, we hold the District Court erred as a matter of law in granting Loney's motion to dismiss.
Reversed and remanded for further proceedings consistent with this Opinion.
KARLA M. GRAY
We concur:
JIM REGNIER
W. WILLIAM LEAPHART
PATRICIA O. COTTER
JAMES C. NELSON
JIM RICE
JOHN WARNER
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