State v. Kelm
Annotate this CaseDefendant pleaded guilty to unlawful possession of an open alcoholic beverage container in a motor vehicle, failure to drive on the right side of a roadway, and driving under the influence of alcohol. The district court subsequently granted Defendant's motion to suppress evidence. The Supreme Court affirmed in part and reversed and remanded in part, holding that the district court (1) incorrectly concluded that, because the arresting officer did not follow Mont. Code Ann. 46-6-312, all evidence gathered after Defendant's arrest should be suppressed because the arrest was lawful; (2) incorrectly concluded that the arresting officer's failure to advise Defendant of her Miranda rights at the time of arrest required suppression of all evidence obtained after her arrest with the exception of two self-incriminating statements Defendant made in response to the officer's questions after he placed her in the patrol vehicle; and (3) incorrectly concluded that evidence seized from Defendant's vehicle must be suppressed, as the plain view doctrine permitted seizure of the evidence.
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