Mandamus to get search warrant materials from 1998 denied: “Insua’s instant petition is lacking because it does not conform to Montana statutes. He has not filed a verified petition or included an affidavit, pursuant to § 27-26-201, MCA. Insua has not served the District Court against whom the writ is directed. Section 27-26-205, MCA. Moreover, his petition is not appropriate for mandamus. Insua has not demonstrated that he is entitled to the performance of a clear legal duty in his request for a search warrant.” Insua v. Twenty-First Judicial Dist. Court, 2020 Mont. LEXIS 526 (Feb. 18, 2020).
The court credits that one of the officers reasonably believed defendant was armed and he delayed the frisk slightly for safety reasons. The officer used code language to other officer so he’d know, too. The stop was valid and the frisk was with reasonable suspicion. United States v. Churchill, 2020 U.S. Dist. LEXIS 27835 (N.D. Ill. Feb. 19, 2020).*