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STATE v. WAGNER

No. DA 12-0699.

303 P.3d 285 (2013)

2013 MT 159

STATE of Montana, Plaintiff and Appellee, v. Robert A. WAGNER, Defendant and Appellant.

Supreme Court of Montana.

Decided June 18, 2013.

Attorney(s) appearing for the Case

For Appellant: Thane Johnson , Johnson, Berg & Saxby, PLLP, Kalispell, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General; Katie F. Schulz , Assistant Attorney General, Helena, Montana, Bernard G. Cassidy , Lincoln County Attorney; Robert Slomski , Deputy Lincoln County Attorney, Libby, Montana.

Justice LAURIE McKINNON delivered the Opinion of the Court.

¶ 1 The State charged Robert Andrew Wagner in Lincoln County Justice Court with driving under the influence of alcohol or drugs (third offense), a misdemeanor, in violation of § 61-8-401, MCA, or, in the alternative, § 61-8-406, MCA. Wagner filed a motion to suppress all evidence obtained during the stop of his vehicle. He argued that the officer lacked particularized suspicion for the traffic...

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