City of Missoula v. Kroschel asks the Court to define the parameters of an officer’s lawful questioning during a non-vehicular investigatory stop. Montana’s Terry stop statute, articulated in Section 46–5–401 of the Montana Code Annotated (the “Terry statute”), authorizes an officer to request a person’s name and address and an explanation of the person’s actions when the officer has a particularized suspicion that the person is committing or has committed a crime. Kroschel argues that an officer is limited to the questions specifically enumerated in the statute and an individual may decline to answer free of consequence.
Kirsi Luther, Oral Argument Preview, Precap: City of Missoula v. Marcy Jane Kroschel, 79 Mont. L. Rev. Online 8, https://scholarship.law.umt.edu/mlr_online/vol79/iss1/2.