The Montana Constitution’s more “robust protection from government intrusions” still only protects against state action. A private actor recording a conversation without impetus from the state was not unreasonable. State v. Wolfe, 2020 MT 260, 2020 Mont. LEXIS 2436 (Oct. 13, 2020).
Probable cause here was established by three CIs and substantial corroboration by the officers. United States v. Penney, 2020 U.S. Dist. LEXIS 189057 (W.D. Pa. Oct. 13, 2020).*
Defense counsel was not obligated to make a frivolous motion to suppress, and defendant doesn’t show in his ineffective assistance of counsel claim that there was a Fourth Amendment issue that would succeed. United States v. Sewell, 2020 U.S. Dist. LEXIS 189260 (N.D. Ind. Oct. 13, 2020).*