2004 MT 45
STATE OF MONTANA, v.
CHERI LARKIN MAY,
The dispositive issue is whether the District Court erred when it denied May's motion
to suppress evidence and statements obtained as a result of an illegal arrest.
We hold that the odor of alcohol emanating from May's person, standing alone, was insufficient to establish probable cause for her arrest by private citizens.
¶20 Because we have concluded the prosecution did not establish probable cause for the airmen's detention of May, which constituted an arrest, we hold that her arrest was illegal. As a result, all evidence obtained as a result of the arrest must be suppressed. See State v. New (1996), 276 Mont. 529, 535, 917 P.2d 919, 922-23.
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- Odor of alchohol not probable cause
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- ex post facto error
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