Court Hearing Regards Motion To Suppress
District Judge Benjamin Fosland presided over a motion to suppress hearing regarding Maurice James Gunn on Tuesday, Jan. 28.
Gunn is facing the charge of driving under the influence of alcohol, fourth or subsequent offense, and speeding.
His defense team argues that Gunn was stopped for a speeding violation, and there was not reasonable suspicion to change the investigation to driving under the influence.
According to testimony from Montana Highway Patrol officer J.T. Oliver, Gunn was stopped on U.S. Highway 2 near Poplar High School. Oliver said the speed limit changes from 30 mph to 25 mph in that area, and Gunn was clocked at traveling 47 mph. Oliver activated his emergency lights to stop Gunn. Oliver testified that Gunn stopped and pulled away in an unusual way including going on the curb and then off it.
Oliver said that during his first observations of Gunn, he noticed slurred speech and smelled burnt marijuana. He said Gunn had bloodshot eyes.
After Gunn said he was transporting marijuana to a dispensary in Wolf Point. He then asked Gunn to go into his patrol vehicle. When in the vehicle, Oliver smelled alcohol on Gunn’s breath. Oliver preceded to conduct field sobriety tests on Gunn.
When defense attorney David Merchant crossed Oliver, he asked how Oliver could tell that Gunn’s eyes were blood shot since he was wearing glasses. Merchant said Oliver could only see the corner of the defendant’s left eye. Oliver answered that Gunn’s glasses weren’t fully tinted at the time.
Merchant said the mission of Oliver’s stop was for speeding. At some point, the mission changed. Oliver testified it changed after his first observations and the defendant’s driving behavior.
Merchant explained that how Gunn stopped the vehicle wasn’t unusual. For example, Gunn apparently parked in a crosswalk and when he moved forward again, it might have been to move out of the crosswalk.
County Attorney Thomas Bleicher said that regardless of how the vehicle jerked or wiggled, he was still speeding and would have been stopped.
Bleicher asked Oliver if, at some point, he was able to get a good view of Gunn’s eyes.
“That’s correct,” Oliver said.
The defense entered a recording of the stop for Judge Fosland to view.
Fosland said he will issue an order on the matter.
