State of Montana v. Alison Beth Careter-Brueggeman

Hamilton, Montana criminal defense lawyer represented the Defendant charged with drug possession



On the evening of September 4, 2023, Ravalli County Deputy Sheriff Thomas Hsu pulled over Brueggeman for driving a car with expired registration. The traffic stop was not the result of a random encounter with a law enforcement officer.¶4Earlier that evening, the Ravalli County Dispatch received a call for service, providing drug intelligence about a certain residence. Another Deputy Sheriff spoke to the caller, and the information was relayed to Deputy Hsu. The caller reported activity at a certain residence on Moccasin Trail in Victor, Montana; the caller was not identified by name but spoke with personal knowledge of the events. The caller stated no vehicles had been at the residence for a few days, and suddenly, multiple people in multiple vehicles showed up, then some departed while others remained on the scene. The officers were aware of a report from July 2023 associated with the same residence, which resulted in two arrests for drug activity and numerous follow-up calls.

When determining probable cause, the Montana Supreme Court looks at the totality of the circumstances. Individual activities which might not be out of the ordinary, when combined, might indicate that illegal activity is occurring. State v. Zeimer, 2022MT 96, ¶ 32, 408Mont. 433, 510P.3d 100. When looking at the totality of circumstances, the Deputy lacked probable cause when, at 19:20(7:20 PM), he told Brueggemanher car was being seized.



There was no probable cause.