State v. Emerson, 2015 MT 254 (Aug. 26, 2015) (Shea, J.) (6-0, rev’d)
Issue: Whether the district court erred in denying Emerson’s motion to suppress because her consent to a search was the fruit of an illegal seizure.
Short Answer: Yes.
Facts: Deputy Robins stopped a vehicle near Shelby because he recognized the driver, Joseph Bentley, and knew there was a felony warrant out for his arrest. Emerson was a passenger in Bentley’s car. Bentley was arrested and the car was released to Emerson.
About an hour later, Emerson went to the Toole County sheriff’s office to request a gas card, but it didn’t have any. Emerson left the buildlng. A few min utes later, the sheriff’s office received a teletype from the Great Falls police department with an attempt to locate the car Emerson was driving.…