DRUG USER IN POSSESSION OF FIREARM convictions affirmed… Watters affirmed. [Read more…]
Traffic stop, rental vehicle in drug corridor, meth
TRAFFIC STOP: (Stop of rental vehicle in drug corridor not unreasonably prolonged, suppression of meth properly denied… Christensen affirmed (memorandum). [Read more…]
Protective search, shotgun next to driver
PROTECTIVE SEARCH reasonable when officer saw subject of noise complaint at 2 a.m. sitting in vehicle with shotgun next to him… unloading the gun before allowing Defendant to return to his car evolved into sawed-off shotgun charge… motion to suppress properly denied… Watters affirmed (memorandum). [Read more…]
Drugs, traffic stop dog sniff
DRUGS: Trooper had reasonable suspicion for dog sniff of traveler in rented vehicle heading for North Dakota oil fields, motion to suppress meth properly denied… Christensen affirmed (memorandum). [Read more…]
Drugs, traffic stop dog sniff
DRUGS: Trooper had reasonable suspicion for dog sniff of traveler in rented vehicle heading for North Dakota oil fields, motion to suppress meth properly denied… Christensen affirmed (memorandum). [Read more…]
Sentencing, hearsay procedural/substantive reliability
SENTENCING: Standard of review of unsworn hearsay at sentencing clarified: the test is whether it is “procedurally” or “substantively” reliable, considered in the disjunctive… both tests met for co-defendants’ hearsay which supported obstruction enhancement of robbery conviction… Haddon affirmed. [Read more…]
Drugs, pen registers/trace devices for cell site location
DRUGS: Orders authorizing installation of pen registers and trace devices and to obtain cell site location valid under 4th Amendment even if questionable under Montana law… request for new counsel considered withdrawn based on counsel’s representation that Defendant had changed his mind… meth convictions affirmed… Watters affirmed (memorandum). [Read more…]
Drugs, meth distribution conspiracy sentence
DRUGS: Meth distribution conspiracy sentence affirmed… Watters affirmed (memorandum). [Read more…]
Repeat PFO
REPEAT PFO sentence properly imposed… Souza affirmed. [Read more…]
Sexual assault, evidentiary rulings
SEXUAL ASSAULT evidentiary rulings affirmed… Knisely affirmed. [Read more…]