The Court finds that the Missoula Police Department’s policy…is not in violation of the presumption of innocence. It is not improper for the police to have this policy because, as Dr. David Lisak noted in his expert witness disclosure, the percentage of false [rape] reports is very low. The purpose of an investigation is to look for evidence of a crime as well as evidence of innocence….[I]t is not until the time of trial that the defendant is…entitled to the presumption of innocence…. IT IS HEREBY ORDERED that the Defendant’s Second Motion to Dismiss is DENIED.
