City of Missoula v. IosefoAnnotate this Case
Defendant was charged with, among other offenses, aggravated DUI. Defendant filed a motion to suppress, arguing that Mark Fiorentino, an off-duty officer who arrested Defendant, lacked probable cause to effectuate a citizen’s arrest. The municipal court denied the motion, holding that the off-duty officer had probable cause to arrest Defendant under the circumstances. Defendant subsequently pleaded guilty to driving under the influence of alcohol, reserving the right to appeal the suppression order. The district court affirmed the municipal court’s denial of Defendant’s motion to suppress, holding that Fiorentino had probable cause to arrest Defendant and that the existing circumstances required Defendant’s immediate arrest.