Warrantless Arrest

State v. Ellington, No. 05-567, 2006 MT 219 (September 6, 2006). Warrantless arrest. Police obtained a search warrant to search Stacy Wizenburg’s (Wizenburg) car based on suspicion that she was engaged in the distribution of dangerous drugs. Detective Swandal observed Ellington leave the casino and approach the driver’s side window of Wizenburg’s car. Ellington was standing by Wizenburg’s car and talking with its occupants as Detective Swandal approached the car to serve the warrant. Ellington stepped away from Wizenburg’s car and began walking toward the casino when he saw Detective Swandal approaching. Detective Swandal stopped Ellington and informed him that he was detaining Ellington pending a drug investigation involving Wizenburg’s car. An officer frisked Ellington for weapons, handcuffed him, and placed him in the backseat of Swandal’s patrol car. Officers did not discover any weapons or contraband on Ellington during the frisk. When police removed handcuffs at police station they discovered small bag of meth. These facts fail to establish probable cause to arrest. We thus conclude that Detective Swandal arrested Ellington without probable cause. The discovery of the contraband occurred, however, only after the officers had arrested Ellington and transported him to the Law and Justice Center. We therefore hold that the District Court erred when it denied Ellington’s motion to suppress. Reversed and remanded.