STATE v. KAUFMAN

Nos. 01-162, 01-269, 01-345.

59 P.3d 1166 (2002)

2002 MT 294

STATE of Montana, Plaintiff and Respondent, v. Lonny Ray KAUFMAN; David Mitchell Kaufman; and Opal Inez Cox, Defendants and Appellants.

Supreme Court of Montana.

Decided December 12, 2002.


Attorney(s) appearing for the Case

For Appellants: Kirk Krutilla, Superior, Montana; David Stenerson, Hamilton, Montana; Larry D. Mansch, Mansch & McLaverty, Missoula, Montana.

For Respondent: Mike McGrath, Montana Attorney General, C. Mark Fowler, Assistant Montana Attorney General, Helena, Montana; M. Shaun Donovan, Mineral County Attorney, Superior, Montana.


Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 This consolidated appeal raises the question of whether a police officer possessed particularized suspicion to justify an investigative stop of a vehicle occupied by the three Appellants. We reverse the Fourth Judicial District Court and conclude that when the officer determined prior to the stop that the vehicle's lighting system was not malfunctioning...

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