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State v. McKeever

State v. McKeever, 2015 MT 177 (June 24, 2015) (McGrath, C.J.; McKinnon, J., concurring) (5-0, aff’d)

Issue: Whether district court properly denied McKeever’s motion to suppress.

Short Answer: Yes.


Facts: In December 2012 a police officer stopped McKeever’s car after recognizing him as a person with a suspended driver’s license. The officer noted that McKeever was nervous, trembling, and swallowing frequently. After confirming McKeever’s license was suspended, the officer placed McKeever under arrest. McKeever consented to a search of his vehicle, and a second officer arrived and conducted a pat-down search, which revealed a prescription medication bottle for a drug called Alprazolam in the cuff of McKeever’s pants leg. The label indicated the prescription was for someone else.

One or both of the officers opened the bottle and saw that it contained tissue paper over a few pills.…