Montana Supreme Court · 2018
State v. Wilson
A nervous driver, a messy car, a borrowed vehicle, a newlywed traveling without his wife and a prior drug record were only a hunch, not particularized suspicion. Once the citations were written, the stop had to end. Holding the car 35 more minutes for a K-9 violated Montana law, and the conviction was reversed.
430 P.3d 77
Find the opinion for State v. WilsonMontana Supreme Court · 2001
State v. Van Kirk
Pulling out of a lot on seeing a patrol car, driving 7-10 mph in a 25, and drifting across the center line gave particularized suspicion to stop. HGN results need a qualified expert to explain the science linking alcohol and nystagmus; an officer certified only to give the test is not enough. The error was harmless here.
32 P.3d 735
Find the opinion for State v. Van KirkMontana Supreme Court · 1981
State v. Gopher
A limited and reasonable vehicle investigative stop is justified when objective data support an experienced officer's inferences and create a particularized suspicion that an occupant is or has been engaged in criminal activity or was a witness to it.
631 P.2d 293
Find the opinion for State v. GopherEach summary was checked against the court’s majority opinion on September 30, 2026. Read the decision and follow your agency’s policy; this is reference guidance, not legal advice.