Submitted on Briefs: August 21, 2019
FROM: District Court of the Twenty-First Judicial District,
In and For the County of Ravalli, Cause No. DC-16-180
Honorable Jeffrey H. Langton, Presiding Judge.
Appellant: Chad Wright, Appellate Defender, Kristina L. Neal,
Assistant Appellate Defender, Helena, Montana
Appellee: Timothy C. Fox, Montana Attorney General, Brad
Fjeldheim, Assistant Attorney General, Helena, Montana
William E. Fulbright, Ravalli County Attorney, Thorin Geist,
Deputy County Attorney, Hamilton, Montana
McGrath Chief Justice.
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court
Internal Operating Rules, this case is decided by memorandum
opinion and shall not be cited and does not serve as
precedent. Its case title, cause number, and disposition
shall be included in this Court's quarterly list of
noncitable cases published in the Pacific Reporter and
Zachary Heinz Hadley appeals from a December 27, 2016
Twenty-First Judicial District Court order denying his motion
to suppress and dismiss. We affirm.
On August 26, 2016, at approximately 12:33 a.m., Police
Officer Garrett Koppes of the Hamilton Police Department was
dispatched to Jennifer Towner's residence in Hamilton,
Montana, in response to a 911 call placed by Towner. Towner
said she observed Hadley, her husband or ex-husband,
deflating the tires on her vehicle. Koppes phoned Towner, who
repeated the information expressed in the 911 call and stated
that Hadley was driving a rusty white jeep. While heading to
Towner's, Koppes, who was familiar with Hadley, observed
him in the driveway at his home unloading a white and tan
jeep at approximately 12:42 a.m. Koppes stopped the patrol
car on the street without blocking Hadley's exit from the
driveway. As Koppes approached Hadley, he greeted him
colloquially, asking, "What's up Zach?" Hadley
responded, "How you doing man?" Koppes asked Hadley
what had happened at Towner's residence. Hadley responded
that he was having marital problems with Towner, that he was
taking some of his belongings home, and that he had come
directly from Towner's. Koppes then asked Hadley a series
of questions, including whether he did something to
Towner's car, to which Hadley replied, "I don't
Shortly after this initial exchange, a second officer arrived
at the scene and parked across the street from Hadley's.
Koppes reported that he observed Hadley's eyes were
bloodshot and watery, that Hadley was swaying, and that
Koppes could smell alcohol on his breath. Koppes asked Hadley
if he had been drinking and Hadley replied that he had
consumed "a few drinks." When Koppes asked Hadley
if he had just driven home, Hadley changed his initial story,
responding that he came from his mother's house and had
been home for a couple of hours. Koppes felt the hood of
Hadley's jeep and found it "very warm,"
indicating it had recently been running, at which point he
informed Hadley he was going to conduct a Driving Under the
Influence ("DUI") investigation. Koppes then began
field sobriety tests.
During the tests, Hadley admitted that he was intoxicated but
that he had not been driving. Hadley struggled with the
horizontal gaze nystagmus test, refused to complete the walk
and turn test, and had difficulty completing the one leg
stand test. Hadley agreed to provide a breath sample in the
portable breath test and blew a .229. Hadley was then placed
under arrest for DUI and transported to the Ravalli County
Detention Center. There, Hadley provided three breath
samples, indicating a .186 blood alcohol concentration.
Hadley was booked for DUI.
During the inventory search, officers discovered one white
pill in Hadley's possession, determined to be a
hydrocodone tablet, a schedule II controlled substance
pursuant to § 50-32-224, MCA. Hadley told Koppes he did
not have a prescription for the drug.
On August 30, 2016, the District Court granted leave to the
State to charge Hadley with Criminal Possession of Dangerous
Drugs, a felony, in violation of § 45-9-102(4), MCA, and
Aggravated DUI, a misdemeanor, in violation of §
61-8-465, MCA. On September 21, 2016, Hadley entered a plea
of not guilty and the case was set for trial.
On November 15, 2016, Hadley filed a motion to suppress all
evidence obtained in the search and subsequent arrest,
arguing that the arrest was illegal. He sought to dismiss the
case with prejudice for lack of particularized suspicion and
probable cause to arrest. The District Court denied the
motion on the bases that: (1) Hadley was not seized during
the initial interaction with Officer Koppes in front of his
house, and therefore particularized suspicion was not
required; and (2) Officer Koppes had particularized suspicion
to detain Hadley to conduct a DUI investigation.
On February 1, 2017, the parties advised the District Court
that a plea agreement had been reached. Hadley withdrew his
not guilty pleas and entered a guilty plea for the Criminal
Possession charge and a no contest plea for the Aggravated
DUI charge, reserving his right to appeal the ...