STATE v. BENDERS

No. 05-327.

146 P.3d 751 (2006)

2006 MT 275

334 Mont. 231

STATE of Montana, Plaintiff and Respondent, v. Robert BENDERS, Defendant and Appellant.

Supreme Court of Montana.

Decided October 24, 2006.


Attorney(s) appearing for the Case

For Appellant: James M. Siegman, Public Defender's Office, Billings, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; Jim Wheelis, Assistant Attorney General, Helena, Montana.

Dennis Paxinos, County Attorney; Laura Watson, Deputy County Attorney, Billings, Montana.


Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Defendant Robert Benders appeals the order of the Thirteenth Judicial District Court, Yellowstone County, denying his motion to suppress evidence relating to his DUI conviction. We affirm.

¶ 2 We restate the issues as follows:

¶ 3 1. Did the District Court err in ruling that the arresting officer had particularized suspicion to conduct a stop, based on § 61-8-311...

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