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Can Probable Cause doctrine be relaxed for Game Wardens performing investigative ATV stops on public lands?
Stopped by a game warden, on my ATV, on public lands. Cited for failure to register or decal an ATV. Under Montana law, drivers must “dispaly in a conspicuous place a decal” to operate an ATV on open/state lands (MCA, 23-2-804). My position is that the Game Warden initiated the stop without particularized Decal ATV suspision or probable cause. The officer approached me from the left side, traveling directly at me, on a dirt road. As I approached at 15-20 miles per hour he slowly stopped his ATV. As I tried to pass him he motioned with his hand to stop. I stopped. After inspecting my ATV he he determined that I didn’t display a decal or register the ATV. Midearmenor offense punishable by a max $50 dollar fine.In my research I have been unable to find Montana case law dealing with Game Wardens on Public lands initiating ATV stops without probable cause. Should I pay the 50 or play with it? Any input on this issue from the legal community?Federal law case law deals with stop motor vehicle stops based on probable cause, as does Montana law. But thus case is unique because it is a stop of an ATV on Montana land.
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