BILLINGS — Three Billings police officers are on administrative leave for alleged misconduct during a May 2023 traffic stop on the city's north side.
In addition, other cases in which they were involved— likely numbering in the dozens— are under review by Yellowstone County Attorney Scott Twito's office and could be overturned.
The officers involved are Matthew Blistline, Ian Busta, and Blaine Lane, according to Twito.
Twito's office moved to dismiss that May 2023 case, saying obtaining consent to search the vehicle may have been deceptive. Earlier this month, his office sent a letter to defense attorneys whose clients had cases in Billings where the three officers were involved.
Because the three may have obtained written consent to search from the driver through deceptive means, Twito wrote his office was reviewing all of their cases to check for additional potential misconduct.
The initial case, which occurred on May 1, 2023, began when the three officers responded to a traffic stop at the intersection of North 22nd Street and 11th Avenue North, according to court documents.
Those officers obtained consent to search the vehicle, but it's how they obtained that consent that triggered the investigation.
“My client had suggested to me that she felt that there was officer misconduct," said attorney Tyler Dugger, who represents the woman at the center of that search.
She was facing a felony charge of criminal possession of dangerous drugs following the traffic stop, but Dugger says body camera footage tells a troubling story.
“I felt that the conduct I saw was problematic and concerning,” said Dugger. “And not something that the officers in question would dwell on when it came to cross-examination.”
Citing footage captured on the officers' Watchguard body cams, Twito wrote that the officers obtained verbal consent for the search, but while discussing obtaining written consent they shut off their body cameras, potentially shielding deceptive tactics.
Reports put the number of cases under review at 140 and more than 170, but those numbers have not been confirmed.
Defense attorney Joe Zavatsky represents two clients with cases involving at least one of the officers. His firm, Alpine Law, has 12 cases that may be affected.
"One officer telling two other officers, you know how he's deceitful in getting consent to search," said Zavatsky. "That certainly goes towards his credibility."
He added: “Part of that decision is if you take out that person's testimony, can the case still move forward? Does the state still have enough to prove beyond a reasonable doubt that they still have their case?”
The Billings Police Department offered a written statement.
“A comprehensive internal investigation looking at potential misconduct is underway," said Chief Rich St. John. "The seriousness of the allegation required I put them on leave out of an abundance of caution."
“I trust that as investigations are completed, the specific instances of problematic behavior will come to light,” said Dugger. “They are video recorded. It's not really open to question.”
The police union also sent a statement.
"The position of the Billings Police Officers labor union is that a presumption has been made and proliferated, prior to the establishment of facts," said Jeff Chartier, president-elect of the Montana Federation of Public Employees-Billings Police Officer Chapter/Local. "The union body will respond further when the matter is concluded."
