MT: Admission at a game checkpoint wasn’t “in custody”

Defendant was stopped at a game checkpoint and admitted to placing his daughter’s tag on a deer he shot. He was not “in custody” when he confessed. State v. Maile, 2017 MT 154, 2017 Mont. LEXIS 350 (June 23, 2017).

Defendant argued in the trial court that an 8 year old couldn’t consent to a search of his house. After the police were at the door, his mother consented to the search. The mother’s consent was never addressed in the trial court, and the defendant thus waived it for appeal. State v. Dahl, 2017 Ida. App. LEXIS 41 (June 22, 2017).*