Anderson v. State – Case Brief Summary (Montana)

In Anderson v. State (Mont. 1996), 912 P.2d 212, 214, 53 St.Rep. 125, the officer testified that she saw Anderson shuffle and stumble toward his car between 1:00 a.m. and 2:00 a.m. and fail to use his vehicle's turn signals at every turn for several blocks; in addition, he did not stop when she asked him to. Anderson, 912 P.2d at 213.

The officer also testified that, even from ten to fifteen feet away, she could smell a very strong odor of intoxicants emanating from Anderson. Anderson, 912 P.2d at 213.

Those facts were sufficient, under the totality of the circumstances, to support the officer's particularized suspicion that Anderson had committed the offense of driving under the influence of alcohol. Anderson, 912 P.2d at 215.