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State v. C. Idhen

2026-10-13

Authorities cited

Opinion

majority opinion

10/13/2026

DA 24-0551

Case Number: DA 24-0551

IN THE SUPREME COURT OF THE STATE OF MONTANA

2026 MT 246

STATE OF MONTANA,

Plaintiff and Appellee,

v.

CHARLES FABIEN IDHEN,

Defendant and Appellant.

APPEAL FROM: District Court of the Thirteenth Judicial District,

In and For the County of Yellowstone, Cause No. DC 23-899

Honorable Donald L. Harris, Presiding Judge

COUNSEL OF RECORD:

For Appellant:

Tammy A. Hinderman, Appellate Defender Division Administrator,

Dustin L. Kuipers, Assistant Appellate Defender, Helena, Montana

For Appellee:

Austin Knudsen, Montana Attorney General, Thad Tudor, Assistant

Attorney General, Helena, Montana

Scott D. Twito, Yellowstone County Attorney, Ann Marie

McKittrick, Deputy County Attorney, Billings, Montana

Submitted on Briefs: August 12, 2026

Decided: October 13, 2026

Filed:

Clerk

Justice Beth Baker delivered the Opinion of the Court.

¶1 Charles Fabien Idhen appeals his Yellowstone County convictions of Endangering

the Welfare of Children and Criminal Possession of Dangerous Drugs. He challenges the

Thirteenth Judicial District Court’s refusal to suppress evidence seized from his vehicle

and home, alleging that it was obtained in violation of his Fourth Amendment rights. We

restate the issues on appeal:

1. Whether the District Court erred in concluding that law enforcement possessed

particularized suspicion to initiate a traffic stop.

2. Whether the District Court erred in concluding that law enforcement did not

impermissibly expand the duration and scope of a traffic stop by discussing a

drug investigation and requesting consent to search the vehicle.

We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 On July 10, 2023, Detective Steve Hallam of the Billings Police Department

received a phone call informing him that Idhen was selling methamphetamine (“meth”) out

of a black Cadillac Escalade, carried a handgun, and was on probation.1 The caller alleged

that they purchased meth from Idhen within the preceding two months. A few days before

the call, Detective Hallam stopped the caller for possession of meth but promised to “sit

on” their case if they provided information on individuals selling drugs in the area.

Detective Hallam began investigating Idhen based on the call, corroborating that he was

on federal probation and drove a black Cadillac SUV.

1

Idhen moved to compel the identity of the caller, but the District Court determined that Idhen’s interest in preparing a defense was outweighed by the State’s interest in protecting the identity of the caller. Idhen does not appeal the denial of his motion to compel.

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¶3 On July 17, 2023, Detective Hallam surveilled Idhen’s home and, although he did

not observe any obvious signs of drug trafficking, he saw a black Cadillac SUV and a GMC

Yukon, both registered to Idhen, parked outside of the home. Detective Hallam observed

someone enter the Yukon and drive away. He began “pacing” the Yukon and determined

that the driver was traveling 45 miles per hour in a 35 mile-per-hour zone.2 Detective

Hallam initiated a traffic stop, introduced himself to Idhen as a detective, and informed

Idhen that he was being stopped for speeding. Idhen responded that he was trying to get

his girlfriend, Karilei Garcia, to work because she was going to be late. Garcia was sitting

in the front passenger seat. Detective Hallam asked Idhen for his license, registration, and

proof of insurance, and asked Garcia for her identification. After Detective Hallam

received and began to review the documents, the following conversation occurred:

IDHEN: So you a detective?

DETECTIVE HALLAM: Yup.

IDHEN: So why was you—was you watching my house or something?

DETECTIVE HALLAM: Yeah.

IDHEN: Why?

DETECTIVE HALLAM: Because your name’s come up in being involved in drug

distribution again Mr. [Idhen].

IDHEN: But I’m not.

2

“Pacing is when a police officer follows a vehicle suspected of speeding at a constant interval for a distance adequate to obtain a reading on [their] speedometer indicating a speed exceeding that posted.” United States v. Conner, ___ F.3d ___, 2026 U.S. App. LEXIS 1296, 12 n.1 (6th Cir. 2026) (internal citations and quotations omitted).

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DETECTIVE HALLAM: Okay. Well, that’s why I’m here. So, I pulled you over

for a lawful reason. Okay. I absolutely did. Alright. You’re speeding. Okay. It’s

35 through there.

¶4 Detective Hallam then informed Idhen and Garcia that he was aware that they were

both on probation and that Garcia had recently given birth to their child. Idhen responded:

IDHEN: But I ain’t distributing nothing, haven’t done nothing in years.

DETECTIVE HALLAM: Well, I’m not going to show my cards, right? That’s not

how this works, okay? I don’t believe you one bit, because I have reason not to

believe you. Alright? Not just on a whim, okay? Is there anything illegal in the car

that I may be concerned about?

IDHEN: No.

DETECTIVE HALLAM: Okay. Do you give me consent to search the car?

IDHEN: Sure, if you want—if you would like.

¶5 This conversation was completed within three and a half minutes into the stop. After

receiving consent to search the vehicle, Detective Hallam explained to Idhen that he

“kn[ew] for a fact” that he was dealing drugs, even if he was not using, and that he possibly

possessed a firearm.3 Detective Hallam advised Idhen and Garcia of their Miranda rights

approximately five minutes into the stop, and Idhen continued to deny allegations of drug

dealing. Detective Hallam then informed Idhen that he would contact his parole officer

after the stop and reminded Idhen that he already consented to a search of the vehicle.

Detective Matthew Bisterline, Detective Hallam’s partner, arrived around this time.

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Idhen tested negative for drugs during his check-ins with his federal parole officer prior to his arrest.

4

¶6 Detective Hallam ordered Idhen out of the vehicle about six minutes into the stop

after learning that he and Garcia lived together—a possible violation of Garcia’s parole.

Detective Hallam questioned Garcia, who was still in the vehicle, for about two and half

minutes, and she denied that Idhen was involved in anything illegal. Detective Hallam

then ordered Garcia out of the vehicle.

¶7 Detective Hallam then inquired: “Alright so, you both give me consent right, no

threats or pressure or anything have been used against you—for searching your vehicle?”

No audible confirmation or protest was captured on Detective Hallam’s body camera.

Detective Hallam began searching the vehicle about fifteen minutes into the stop and

located a baggie of a substance he believed to be drugs hidden inside the fabric covering

on the driver’s side sun visor. Detective Bisterline placed Idhen in handcuffs immediately

after Detective Hallam located the baggie.

¶8 While continuing to search the vehicle, Detective Hallam informed Idhen and

Garcia that he would contact their parole officers and likely receive permission to search

their home. Idhen denied that there were any drugs or firearms in the home. Detective

Hallam called Idhen’s parole officer, who did not give him permission to search the home.

He then contacted Garcia’s parole officer, who granted permission. Detective Hallam gave

Idhen a written warning for speeding before he was transported to the detention center.

Detective Hallam drove Garcia back to the home immediately after the stop.

¶9 Detectives Hallam and Bisterline searched the home and located a handgun, other

weapons, drugs, and drug paraphernalia. On July 18, 2023, Idhen was charged with

Endangering the Welfare of Children and with Criminal Possession of Dangerous Drugs.

5

On April 17, 2024, the State filed an amended information charging Idhen with two

additional counts of Criminal Possession of Dangerous Drugs. Idhen pleaded no contest

to Endangering the Welfare of Children and one count of Criminal Possession of

Dangerous Drugs and reserved his right to appeal the District Court’s pretrial rulings.

STANDARD OF REVIEW

¶10 “When a district court denies a motion to suppress evidence, this Court reviews its

findings of fact for clear error and determines as a matter of law whether the court applied

the findings correctly.” State v. Summers, 2025 MT 109, ¶ 8, 422 Mont. 88, 569 P.3d 542.

A “finding[] of fact [is] clearly erroneous if not supported by substantial evidence, the court

misapprehended the effect of the evidence, or upon our independent review of the record

we are firmly convinced that the court was otherwise mistaken.” State v. Panasuk,

2024 MT 113, ¶ 10, 416 Mont. 430, 549 P.3d 432. “Whether a lower court correctly

interpreted and applied the pertinent law to the facts at issue is a question of law subject to

de novo review.” State v. Rymal, 2024 MT 277, ¶ 9, 419 Mont. 144, 559 P.3d 839.

DISCUSSION

¶11 Issue 1: Whether the District Court erred in concluding that law enforcement

possessed particularized suspicion to initiate a traffic stop.

¶12 Idhen argues that Detective Hallam lacked particularized suspicion to initiate a

traffic stop because he used the “pacing” method to detect the speed of his vehicle. In

response, the State argues that Idhen waived this argument by failing to present it to the

District Court or, in the alternative, that Detective Hallam’s use of pacing was sufficient to

establish particularized suspicion for the traffic stop.

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¶13 “[I]t is fundamentally unfair to fault the trial court for failing to rule correctly on an

issue it was never given the opportunity to consider.” Becker v. Rosebud Operating Servs.,

2008 MT 285, ¶ 17, 345 Mont. 368, 191 P.3d 435 (citations omitted). Therefore, this Court

generally does not address issues raised for the first time on appeal. State v. Longfellow,

2008 MT 343, ¶ 19, 346 Mont. 286, 194 P.3d 694. “We have permitted parties to bolster

their preserved issues with additional legal authority or to make further arguments within

the scope of the legal theory articulated to the trial court.” State v. Tome, 2021 MT 229,

¶ 21, 405 Mont. 292, 495 P.3d 54 (citations omitted). The argument, however, must be a

change in emphasis rather than an entirely new theory of the case. See Whitehorn v.

Whitehorn Farms, Inc., 2008 MT 361, ¶¶ 22-23, 346 Mont. 394, 195 P.3d 836.

¶14 Idhen argued in his briefing before the District Court that the stop was impermissible

because the “source of information” Detective Hallam relied upon when beginning to

investigate Idhen for involvement in drugs was an anonymous, self-interested informant.4

He also argued that Detective Hallam lacked particularized suspicion to stop Idhen for

drugs because he had nothing more than a “hunch” that drugs may be in the vehicle. He

did not argue, however, that Detective Hallam’s use of pacing was an insufficient means

of establishing the requisite particularized suspicion to initiate a traffic stop. Similarly,

during the suppression hearing, Idhen challenged Detective Hallam’s reliance on the

“source of information” to launch the drug investigation and the legality of Detective

Hallam’s request for consent to search after the stop. He did not, however, challenge the

4

The District Court found that the person who provided Detective Hallam with information about Idhen was a “source of information” and not an informant.

7

use of pacing to establish particularized suspicion for a traffic stop. Instead, Idhen’s

counsel admitted during the hearing that Idhen was speeding and that the stop was for

speeding. Given that Idhen did not contest particularized suspicion for the initial traffic

stop or argue that Detective Hallam’s use of pacing was flawed or inadequate, the theory

that he now advances goes beyond a change in emphasis and instead presents an entirely

new theory of the case. Idhen failed to preserve this argument for appeal, and we therefore

decline to reach it.

¶15 Issue 2: Whether the District Court erred in concluding that law enforcement did

not impermissibly expand the duration and scope of a traffic stop by discussing a

drug investigation and requesting consent to search the vehicle.

¶16 Idhen next argues that Detective Hallam impermissibly expanded the scope and

duration of the traffic stop when he discussed the drug investigation with Idhen and asked

for consent to search the vehicle. The State responds that Detective Hallam’s discussion

of the drug investigation was permissible because it was initiated by Idhen and that the

request for consent to search was a permissible, incidental request that did not extend the

duration of the stop.

¶17 Both the Fourth Amendment to the United States Constitution and Article II,

Section 11, of the Montana Constitution prohibit unreasonable government searches and

seizures. Therefore, absent an exception, all government searches must be authorized by

a valid judicial warrant. Summers, ¶ 9. One such exception is when a person gives

voluntary consent for a government search or seizure. State v. Laster, 2021 MT 269, ¶ 40,

406 Mont. 60, 497 P.3d 224.

8

¶18 “[A] peace officer may stop any person or vehicle that is observed in circumstances

that create a particularized suspicion that the person or occupant of the vehicle has

committed, is committing, or is about to commit an offense.” Section 46-5-401(1), MCA.

A stop is “the temporary detention of a person that results when a peace officer orders the

person to remain in the peace officer’s presence.” Section 45-2-101(73), MCA. A brief

investigative stop of a vehicle is generally a seizure of the occupants. State v. Kaufman,

2002 MT 294, ¶ 14, 313 Mont. 1, 59 P.3d 1166; see also Summers, ¶¶ 37-38. The

permissible duration of a traffic stop is the “time necessary to address the traffic violation

and any related safety concerns.” Summers, ¶ 11. Authority for the stop ends when “tasks

related to the traffic infraction reasonably should have been completed.” Summers, ¶ 11.

¶19 Idhen argues that the traffic stop was merely a pretext and that Detective Hallam

was simply carrying out a drug investigation disguised as a traffic stop. But “the

constitutional reasonableness of a traffic stop . . . does not depend on the subjective

motivations of the individual officers involved.” State v. Farabee, 2000 MT 265, ¶ 23,

302 Mont. 29, 22 P.3d 175 (citing Wren v. United States, 517 U.S. 806, 812-13, 116 S. Ct.

1769, 1774 (1996)).

¶20 Once a driver is legitimately stopped, “[a]n incidental . . . request for consent to

conduct an unrelated search, without new or expanded particularized suspicion of criminal

activity” does not impermissibly expand the scope of a traffic stop so long as it does not

“substantially prolong the duration of the stop.” Laster, ¶ 49; see also Panasuk, ¶ 31

(McGrath, C.J., concurring) (A request for consent to search is permissible if it occurs in

the time period for the initial stop, but not if it occurs after an officer expands the traffic

9

stop into a drug investigation.); State v. Snell, 2004 MT 269, ¶ 17, 323 Mont. 157, 99 P.3d

191 (Montana law does not require additional justification for requesting consent to search

a vehicle, and voluntary consent is sufficient to justify a warrantless search.).

¶21 Idhen relies primarily on State v. Noli, 2023 MT 84, 412 Mont. 170, 529 P.3d 813,

for his argument that Detective Hallam’s admission that he was investigating Idhen for

drugs, as well as his inquiry into whether there was “anything illegal” in the vehicle and

his request to search the vehicle, amounted to an improper expansion of the scope of the

stop. In Noli, an officer stopped Noli for a traffic infraction and then became suspicious

that Noli and her passenger were involved in drug trafficking. Noli, ¶¶ 3-5. The officer

subjected both Noli and the passenger to multiple rounds of questioning unrelated to the

traffic infraction and instead specifically directed toward finding whether there were any

drugs in the vehicle. Noli, ¶¶ 47-48. The officer in Noli also obtained consent to search

the vehicle, but only after he repeatedly asked for consent over a span of twenty minutes,

took advantage of Noli’s confusion, and eroded her initial resistance to granting the consent

to search. Noli, ¶¶ 21-22. This Court found that the officer’s actions “far exceeded” a

“single incidental request for consent to search.” Noli, ¶ 48.

¶22 We distinguished the officer’s conduct in Noli when we upheld a consent search in

Summers. In Summers, a detective stopped Summers for speeding and issued a warning.

Summers, ¶ 30. Summers and the officer “engaged in nearly constant conversation,” and

the officer “asked no questions unrelated to the purpose of the stop” until after he issued

Summers a traffic warning. Summers, ¶ 34. Noting that the officer in Noli used a

“prolonged and unlawful expansion of the scope and duration of the stop” to secure “a

10

defendant’s eventual, acquiescent consent,” we reiterated that “a single incidental

question” or “request for consent to search [does] not substantially prolong the duration of

[a] stop.” Summers, ¶¶ 31-32.

¶23 In both Noli and Summers, the officers initiating the traffic stops became suspicious

of drug activity only after the stop occurred. Here, however, Detective Hallam already was

aware that Idhen may have been involved with drugs at the time he initiated the traffic stop.

Detective Hallam had reason to ask whether there was anything illegal in the vehicle. And

he asked this question only after Idhen first asked why he was being investigated.5

¶24 Unlike in Noli, where the officer asked repeated rounds of questions over an

extended period of time to wear down the driver’s resistance and probe whether there were

any drugs present in the vehicle, Detective Hallam asked one question within the first three

and a half minutes of the stop. See Laster, ¶ 49. What is more, “[o]nce a stop has been

made pursuant to a particularized suspicion, Montana law does not require additional

justification for requesting consent.” State v. Clark, 2008 MT 419, ¶ 25, 347 Mont. 354,

198 P.3d 809 (holding that an officer may request consent to search a vehicle after the

original purpose of the investigative stop has concluded); see also Snell, ¶ 17; Panasuk,

¶ 31 (McGrath, C.J., concurring). Idhen consented before the traffic stop could expand

into a drug investigation. The District Court did not err when it found that Detective

Hallam’s single, incidental question in response to Idhen’s unprompted assertion that he

5

Idhen argues that he is being blamed for expanding the scope and duration of the traffic stop because he asked Detective Hallam why he was being investigated. This Court looks to all of the circumstances surrounding an officer’s conduct when determining whether the officer expanded the scope or duration of a stop. See Summers, ¶¶ 17-18.

11

was not dealing drugs and the subsequent request for consent did not unlawfully expand

the scope of the traffic stop.

¶25 Idhen maintains that his consent was involuntary on the sole ground that it was

obtained when Detective Hallam unlawfully expanded the scope of the traffic stop. “If a

person is illegally detained when they consent to a search, the consent is tainted by the

illegality” and does not justify the search. Summers, ¶ 25.

¶26 As we discussed under Issue One, Idhen’s argument that the traffic stop was not

based on particularized suspicion and was therefore an illegal stop and seizure was not

preserved for review by this Court. As discussed above, Detective Hallam did not

unlawfully expand the scope or duration of the traffic stop such that Idhen was illegally

seized. Idhen does not argue that Detective Hallam used express or implied police coercion

or duress to obtain his consent. See Laster, ¶ 40 (noting that consent must be a “‘product

of an essentially free and unconstrained choice’ not influenced by express or implied police

coercion or duress, however subtle.” (quoting Schneckloth v. Bustamonte, 412 U.S. 218,

225-34, 93 S. Ct. 2041, 2047-49 (1973))). Nor does Idhen argue that, given his relevant

characteristics, he was unable to grant voluntary consent, or that he was “naïve or

unsophisticated regarding the nature, operation, or consequence of the criminal justice

system.” Laster, ¶ 47. We therefore conclude that the District Court did not err when it

found that Idhen’s consent to a search of the vehicle was knowing and voluntary under the

circumstances.

¶27 Idhen finally argues that the evidence found in his home was “fruit of the poisonous

tree” branching from the traffic stop and subsequent consent search. We have concluded

12

already that Idhen’s consent to search was not the product of an illegal detention. Detective

Hallam, based on a reasonable suspicion arising from information obtained during the stop,

obtained permission from Garcia’s probation officer to search the home. The search was

not “fruit of the poisonous tree,” and the District Court properly denied Idhen’s motion to

suppress the evidence from his home.

CONCLUSION

¶28 For the foregoing reasons, we affirm the District Court’s order denying Idhen’s

motion to suppress. The judgment of conviction is affirmed.

/S/ BETH BAKER

We Concur:

/S/ CORY J. SWANSON

/S/ JAMES JEREMIAH SHEA

/S/ LAURIE McKINNON

/S/ INGRID GUSTAFSON

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