 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Morris v. State2/15/2001
rements of "particularized suspicion" do not exist from the evidence presented to the District Court, then no valid stop occurred. See § 46-5-401, MCA.
A particularized suspicion to justify an investigative stop must be proven with objective data from which an experienced officer can make certain inferences, and a resulting suspicion that a person is or has been engaged in wrongdoing. Gilder, . In State v. Lafferty, 1998 MT 247, 10, 291 Mont. 157, 10, 967 P.2d 363, 10, we concluded that whether a particularized suspicion exists to justify an investigative stop is a question of fact which depends on the totality of the circumstances. We further held that merely touching or crossing the fog line while driving is not a traffic infraction and was insufficient in itself, and without other relevant circumstances, to create a particularized suspicion of wrongdoing that would justify a traffic stop. Lafferty, 16-18.
Such is the case at hand. The record shows that there was no report that Morris was speeding, driving erratically, nor caused an accident or a near accident. Morris was not cited for any driving offenses, other than DUI, at the time of the traffic stop. Officer Van Every testified that Morris merely "drifted" a foot or so across the line of the other eastbound lane and "drifted" to touch the fog line on the other side of the lane. Morris testified that the road was rutted, and that his usual practice was to attempt to avoid potholes on the road. To summarize the evidence, the State failed to show that Morris was driving in a manner that justified a traffic stop.
We do note that the District Court mischaracterized our holding in Lafferty to require that a traffic violation is necessary to create "particularized suspicion" prior to a traffic stop. Such error, however, did not materially affect the outcome of the case since the District Court correctly determined that there were insufficient grounds for Officer Van Every to form a particularized suspicion of wrongdoing to justify this traffic stop.
Affirmed.
JIM REGNIER
We Concur:
KARLA M. GRAY
W. WILLIAM LEAPHART
JAMES C. NELSON
TERRY N. TRIEWEILER
|