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State v. Almanza6/14/1999
eighborhood at that particular time, so long as there was sufficient objective data available to the officers to form a particularized suspicion that Almanza was committing an offense.
. Officer Carson testified that the music from Almanza's vehicle was loud enough to constitute a disturbance given the hour and the neighborhood. For this reason, she approached the vehicle and asked the driver to turn down his radio. Even after the driver noticed the officer, he continued driving forward, and Officer Carson could tell that his eyes appeared glazed. From this she determined that something was wrong and initiated the stop by reaching into the vehicle and placing it in park.
. We conclude that the stop of Almanza's vehicle was justified under § 46-5-401, MCA, because the music blaring from the vehicle in a quiet residential neighborhood at 2:30 a.m. constituted a disturbance justifying an investigative stop. Additionally, Officer Carson's observation that the vehicle was driving in the middle of the road at an excessively slow rate of speed, that the driver of the vehicle was unresponsive, and that his eyes appeared glazed were sufficient for the formation of a particularized suspicion that Almanza was driving under the influence of alcohol.
. For the foregoing reasons, we hold that the District Court did not err in denying Almanza's motion to suppress. Affirmed.
J. A. TURNAGE
We concur:
KARLA M. GRAY
WILLIAM E. HUNT, SR.
W. WILLIAM LEAPHART
TERRY N. TRIEWEILER
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