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STATE v. LONEY

No. 03-709.

95 P.3d 691 (2004)

2004 MT 204

322 Mont. 305

STATE of Montana, Plaintiff and Appellant, v. Shawntaigne LONEY, Defendant and Respondent.

Supreme Court of Montana.

Submitted June 8, 2004.

Decided August 3, 2004.

Attorney(s) appearing for the Case

For Appellant: Hon. Mike McGrath, Attorney General; Ilka Becker, Robert Stutz (argued), Assistant Attorneys General, Helena, Montana, Brant S. Light, Cascade County Attorney; Marty Judnich Deputy County Attorney, Great Falls, Montana.

For Respondent: Kenneth R. Olson, Attorney at Law, Great Falls Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 The Eighth Judicial District Court, Cascade County, determined the State of Montana lacked particularized suspicion for the investigative stop of a vehicle driven by Shawntaigne Loney and granted Loney's motion to dismiss the charges against her. The State appeals. We reverse and remand.

BACKGROUND

¶ 2 At about 2:30 a.m. on June 17, 2002, Jason Caughey was driving home...

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