Public Complaint No. 1720939669 - 1318307115

Donovan Paul Van Note

Montana Highway Patrol

215 North Sanders Street

Helena, Montana 59601

https://dojmt.gov

Date of Offense

April 26, 2024

Complaint

Abuse of Authority

False Arrest

False Statements

Statement

On April 26th, 2024, Jaden Decker was wrongfully arrested for DUI by Montana Highway Patrol Trooper Donovan Van Note (ID 2226 / Badge 176). Trooper Van Note did things like take Jaden's pulse alongside the road. After doing so, he claimed it was 90BPM, to which he said – “It’s higher than average, which is pretty common with cannabis usage.” For reference, according to the American Heart Association, the average RESTING heart rate is 60-100 BPM, but can increase due to factors like stress, nervousness, or anxiety. Van Note tells his partner “He [Jaden] has no smell of marijuana.” There was no possession, there was no admission of use, and there was no search of his vehicle. Trooper Van Note still concluded his conversation with, “So, I’ve got cannabis impairment.” After Jaden took a breathalyzer and blew .000, he was arrested for a drugs DUI. His blood test came back clean. There are at least four others that Donovan Van Note has wrongly arrested for DUI, all within a 6 week span of Jaden's arrest, and ALL cases have been dismissed.

Location

Expressway, Missoula, MT 59808, USA

46.9201793, -114.0715446

Montana Public Records Act

Montana Code 2-6-101 et seq.

The Montana Public Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. The original definition of records includes all writings of government bodies including electronic mail. However, it has been expanded to include all items in "electronic format or other non-print media, including but not limited to videotapes, photographs, microfilm, film, or computer disk."

The Montana Public Records Act stats that citizens are entitled to public records in the state, however, the Montana Constitution states that no person may be denied such records. The Constitution trumps statute, so anyone may request public documents in Montana. There is no requirement for a statement of purpose, but the law does place a limit on the sale of mailing lists for commercial reasons. There are no time limits specified for a response to a request.