State v. Reynolds

In State v. Reynolds (1995), 272 Mont. 46, 899 P.2d 540, the police officer testified that he saw a pickup move through an intersection "bordering on traveling too fast" for the conditions. The officer testified that he then drove to where he thought the vehicle would reappear. When it did not reappear, he moved to see Reynolds make a u-turn in a city park. The police officer then met Reynolds at an intersection where Reynolds had the right of way and noted that Reynolds waited approximately 7-10 seconds to proceed through the intersection. The officer then pulled Reynold's vehicle over to make an investigatory stop. The Montana Supreme held that "inarticulable hunches" and the fact that the defendant waited 7-10 seconds at an intersection does not support a particularized suspicion to make an investigative stop.