investigative stop (Montana) · Go Syfert
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investigative stop in Montana

5 Montana opinions name it 1 courts 1997–2004 0 in the last five years

The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
State v. Martinezgreen
mont · 2003 · cited in 1 Montana opinions naming this issue, 2003–2003
2 sentences

2003In order to obtain or verify an account of the person’s presence or conduct or to determine whether to arrest the person, a peace officer may stop any person or vehicle that is observed in circumstances that create a particularized suspicion that the person or occupant of the vehicle has committed, is committing, or is about to commit an offense. ¶15 Moreover, “To justify an investigative stop, an officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” State v. Martinez, 2003 MT 65, ¶ 2

2003In order to obtain or verify an account of the person’s presence or conduct or to determine whether to arrest the person, a peace officer may stop any person or vehicle that is observed in circumstances that create a particularized suspicion that the person or occupant of the vehicle has committed, is committing, or is about to commit an offense. ¶15 Moreover, “To justify an investigative stop, an officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” State v. Martinez, 2003 MT 65, ¶ 2

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
State v. Gopher green
mont · 1981
2 sentences

1998By deciding to hold a hearing on Angeline’s motion to suppress, the District Court agreed that Angeline’s motion set forth facts that, if true, would result in the suppression of any evidence obtained as a result of the traffic stop. ¶ 19 In his motion to suppress, Angeline moved the District Court “to suppress any evidence obtained as a result of the traffic stop in this matter on the grounds... that the officer did not have a particularized suspicion to initiate the traffic stop under § 46-5-401, MCA.” In Montana, the requirement of particularized suspicion was adopted in *229 State v. Gophe

1998By deciding to hold a hearing on Angeline’s motion to suppress, the District Court agreed that Angeline’s motion set forth facts that, if true, would result in the suppression of any evidence obtained as a result of the traffic stop. ¶ 19 In his motion to suppress, Angeline moved the District Court “to suppress any evidence obtained as a result of the traffic stop in this matter on the grounds... that the officer did not have a particularized suspicion to initiate the traffic stop under § 46-5-401, MCA.” In Montana, the requirement of particularized suspicion was adopted in *229 State v. Gophe

41997–2004
United States v. Cortez green
scotus · 1981
2 sentences

2004A. The Initial Stop ¶41 Bar-Jonah contends the initial stop and questioning conducted by police in the early morning hours of December 13,1999, constituted an improper investigative stop and police violated Bar-Jonah’s right to be free from unreasonable searches and seizures under the Fourth Amendment of the United States Constitution and Article II, § 11 of the Montana Constitution. ¶42 The standards in Terry v. Ohio (1968), 392 U.S. 1, 30 , 88 S.Ct. 1868, 1884 , 20 L.Ed.2d 889 , and United States v. Cortez (1980), 449 U.S. 411, 417-18 , 101 S.Ct. 690, 695 , 66 L.Ed.2d 621 , have been codifie

2004A. The Initial Stop ¶41 Bar-Jonah contends the initial stop and questioning conducted by police in the early morning hours of December 13,1999, constituted an improper investigative stop and police violated Bar-Jonah’s right to be free from unreasonable searches and seizures under the Fourth Amendment of the United States Constitution and Article II, § 11 of the Montana Constitution. ¶42 The standards in Terry v. Ohio (1968), 392 U.S. 1, 30 , 88 S.Ct. 1868, 1884 , 20 L.Ed.2d 889 , and United States v. Cortez (1980), 449 U.S. 411, 417-18 , 101 S.Ct. 690, 695 , 66 L.Ed.2d 621 , have been codifie

31998–2004
Kleinsasser v. State green
mont · 2002
2 sentences

2004In order to obtain or verify an account of the person’s presence or conduct or to determine whether to arrest the person, a peace officer may stop any person ... that is observed in circumstances that create a particularized suspicion that the person ... has committed, is committing, or is about to commit an offense. ¶43 In Kleinsasser v. State, 2002 MT 36, ¶ 12 , 308 Mont. 325, ¶ 12 , 42 P.3d 801, ¶ 12 , we cited State v. Gopher (1991), 193 Mont. 189,194 , 631 P.2d 293, 296 , wherein we set forth a two-part test for determining whether particularized suspicion is present. “[I]n asserting that

2004In order to obtain or verify an account of the person’s presence or conduct or to determine whether to arrest the person, a peace officer may stop any person ... that is observed in circumstances that create a particularized suspicion that the person ... has committed, is committing, or is about to commit an offense. ¶43 In Kleinsasser v. State, 2002 MT 36, ¶ 12 , 308 Mont. 325, ¶ 12 , 42 P.3d 801, ¶ 12 , we cited State v. Gopher (1991), 193 Mont. 189,194 , 631 P.2d 293, 296 , wherein we set forth a two-part test for determining whether particularized suspicion is present. “[I]n asserting that

12004–2004
Terry v. Ohio green
scotus · 1968
2 sentences

2004A. The Initial Stop ¶41 Bar-Jonah contends the initial stop and questioning conducted by police in the early morning hours of December 13,1999, constituted an improper investigative stop and police violated Bar-Jonah’s right to be free from unreasonable searches and seizures under the Fourth Amendment of the United States Constitution and Article II, § 11 of the Montana Constitution. ¶42 The standards in Terry v. Ohio (1968), 392 U.S. 1, 30 , 88 S.Ct. 1868, 1884 , 20 L.Ed.2d 889 , and United States v. Cortez (1980), 449 U.S. 411, 417-18 , 101 S.Ct. 690, 695 , 66 L.Ed.2d 621 , have been codifie

2004A. The Initial Stop ¶41 Bar-Jonah contends the initial stop and questioning conducted by police in the early morning hours of December 13,1999, constituted an improper investigative stop and police violated Bar-Jonah’s right to be free from unreasonable searches and seizures under the Fourth Amendment of the United States Constitution and Article II, § 11 of the Montana Constitution. ¶42 The standards in Terry v. Ohio (1968), 392 U.S. 1, 30 , 88 S.Ct. 1868, 1884 , 20 L.Ed.2d 889 , and United States v. Cortez (1980), 449 U.S. 411, 417-18 , 101 S.Ct. 690, 695 , 66 L.Ed.2d 621 , have been codifie

12004–2004

Statutes the citing opinions construe

MT § Mont. Code Ann. § 46-5-401 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MS 21 (1977–2025) NY 16 (1974–2026) TX 15 (1986–2021) IN 13 (1994–2018) MA 12 (1974–2017) CA 8 (1985–2022) GA 6 (1990–2016) MT 5 (1997–2004) IL 4 (1974–2021) LA 4 (1976–1989) WA 3 (1975–2004) ID 2 (2002–2024) TN 2 (2001–2024) MD 2 (1985–2008) RI 2 (2007–2011) MN 2 (1988–2011) DE 2 (2021–2022) FL 2 (1991–1995) PA 2 (1995–2018) NV 2 (2023–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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