STATE v. BROUGH

No. 13434.

556 P.2d 1239 (1976)

STATE of Montana, Plaintiff and Appellant, v. Steven Allen BROUGH, Defendant and Respondent.

Supreme Court of Montana.

Decided November 29, 1976.

As Amended December 7, 1976.


Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, John F. North argued, Asst. Atty. Gen., Helena, Ronald W. Smith argued, County Atty., Havre, for appellant.

Weber, Bosch, Kuhr & Dugdale, Havre, John Warner argued, Havre, for respondent.


HASWELL, Justice.

The State of Montana appeals from an order of the district court, Hill County, the Hon. B.W. Thomas presiding, suppressing as evidence marijuana found in the trunk of defendant's car. The court found the evidence was seized in an illegal search without a search warrant, that the State had failed to prove defendant's consent to the search was voluntary, and that there was no probable cause for a search of the car without a warrant. We affirm.

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