State v. Kelm, 2013 MT 115 (April 30, 2013) (5-0) (Baker, J.)
Issue: (1) Whether the district court properly suppressed all evidence gathered after Kelm’s arrest because the arresting officer did not comply with § 46-6-312, MCA; (2) whether the district court properly suppressed all evidence obtained after Kelm’s arrest because the officer failed to advise Kelm of her Miranda rights; (3) whether the district court properly suppressed evidence seized from Kelm’s vehicle.
Short Answer: (1) No, as the failure to comply did not affect Kelm’s substantial rights; (2) no, as Miranda protects only self-incriminating statements made while in custodial interrogation; and (3) no, as the officer was lawfully present in Kelm’s vehicle when he returned to turn her lights off.…