MT: Element of offense that other state’s offense be similar to MT’s doesn’t have to be proved for PC

The affidavit for a telephonic search warrant included that defendant had been convicted of DUI under another state’s law didn’t have to also meet the statutory requirement that the other state’s offense was “similar” to Montana’s. That was an issue for trial. City of Missoula v. Williams, 2017 MT 282, 2017 Mont. LEXIS 680 (Nov. 17, 2017).

On the totality, defendant’s consent was voluntary. People v. Fioretti, 2017 NY Slip Op 08133, 2017 N.Y. App. Div. LEXIS 8182 (4th Dept. Nov. 17, 2017).*

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