In the Matter of Z.M.

337 Mont. 278, 160 P.3d 490 (2007)

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In the Matter of Z.M.

Montana Supreme Court
337 Mont. 278, 160 P.3d 490 (2007)

Facts

After Z.M. (defendant) failed to come home one night, his mother called a high school liaison officer to report he had not returned home. The high school liaison officer asked Officer Bache to look for Z.M. Officer Bache later saw Z.M. walking with another minor, D.O. When he stopped to speak to Z.M. and D.O., Officer Bache smelled the odor of alcohol and asked whether the boys had been drinking. Z.M. and D.O. told Officer Bache they had been drinking the night before, and Officer Bache decided to take Z.M. and D.O. into custody. Before putting Z.M. and D.O. into his police car, Officer Bache noticed Z.M.’s shirt was bulky and heard a clanking sound in D.O.’s pockets. When Officer Bache asked the boys what was under their shirts, Z.M. and D.O. pulled out bottles of alcohol. Officer Bache then had Z.M. and D.O. empty their pockets, revealing they both had money in their pockets. Further investigation linked the money and alcohol to a bowling-alley burglary. In his trial, Z.M. made a motion to suppress the evidence of the alcohol and money discovered by Officer Bache. The state (plaintiff) argued Officer Bache was constitutionally permitted to make the stop and had probable cause to take Z.M. into custody. The juvenile court denied the motion to suppress, and Z.M. appealed to the supreme court.

Rule of Law

Issue

Holding and Reasoning (Leaphart, J.)

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