Montana Supreme Court

State v. R. Fish

February 3, 20262026 MT 12

Summary

The Court affirmed the denial of Fish's motion to suppress methamphetamine discovered during a search incident to his arrest. Although the Court presumed Fish was seized when deputies requested his identity, it held the interaction was justified first by a welfare check and then by particularized suspicion of possible criminal trespass; confirmation of an active warrant supplied further justification for prolonging the detention until arrest. The dissenting opinions would have reversed, concluding that the deputies seized Fish without particularized suspicion and that the welfare-check justification had ended.