DUI Enforcers!

Montana Supreme Court affirms constitutionality of 24/7 program

Thursday, July 30, 2015 2:34 PM | Anonymous

Courts around the nations began employing 24/7 programs to cut jail costs and improve compliance with conditions of release.   In 2013, Washington piloted the 24/7 program and in 2015 expanded its use in Ch. 36.28A RCW.   However, a Montana court ruled the 24/7 program was an unconstitutional search and seizure under the 4th Amendment.   The Montana Supreme Court reviewed that decision, concluding that while it is a search--the search is reasonable in light of the reduced privacy expectations of the defendant and the well established concerns with impaired driving.  

A copy of the full opinion is available here: 

Montana v. Spady 2015
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