Appeal to be heard in City of Missoula vs. Marcy Jane Kroschel
The Montana Supreme Court will hear the case of City of Missoula vs. Marcy Jane Kroschel at 9:30 a.m. on Feb. 28.
Kroschel argues that her statements should be suppressed because the police officer violated her Constitutional rights when the officer exceeded her statutory authorization to question and improperly expanded the scope of the investigation. Her statements should be suppressed because they were obtained by the officer while she was in custody and being interrogated, without being given her Miranda rights.
The original case revolved around citing for minor in possession and obstruction of a peace officer on Aug. 29, 2015. Kroschel was found guilty of minor in possession and not guilty of obstructing at a bench trial held on Jan. 28, 2016.
Montana Supreme Court case number 17-0184