STATE v. WAGNER

Nos. 01-879, 01-880.

68 P.3d 840 (2003)

2003 MT 120

STATE of Montana, Plaintiff and Respondent, v. Judd Michael WAGNER, Defendant and Appellant. Judd M. Wagner, Petitioner and Appellant, v. State of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided April 29, 2003.


Attorney(s) appearing for the Case

Charles E. Petaja, Attorney at Law, Helena, Montana, for appellant.

Hon. Mike McGrath, Attorney General; Jennifer Anders, Assistant Attorney General; Ryan M. Archer, Legal Intern, Helena, Montana, John T. Flynn, Broadwater County Attorney, Townsend, Montana, for respondent.


Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Following an arrest for driving under the influence of alcohol, Appellant Judd Wagner moved the Broadwater County Justice Court to dismiss the charge based on the arresting officer's lack of particularized suspicion to initiate an investigative stop. Wagner asserted that the officer failed to sufficiently corroborate a citizen informant's report. Wagner simultaneously filed a petition for reinstatement...

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