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STATE v. MILLION

No. 1 CA-CR 1529.

27 Ariz. App. 490 (1976)

556 P.2d 338

STATE of Arizona, Appellant, v. Dennis Lynn MILLION, Sheldon Allan Gross and Diane Frances Shenk, Appellees.

Court of Appeals of Arizona, Division 1.

Rehearing Granted November 3, 1976.

Attorney(s) appearing for the Case

Michael Irwin, Yuma County Atty. by Wm. Michael Smith, Deputy County Atty., Yuma, for appellant.

Stephen J. Rouff, Paul Hunter, Yuma, for appellee Million.

Risner, Raven & Keller by Peter B. Keller, Tucson, for appellee Gross.

Bradshaw & Benesch by Wayne C. Benesch, Yuma, for appellee Shenk.

OPINION

HOWARD, Chief Judge.

The state brings this appeal under A.R.S. Sec. 13-1712(7) from an order granting appellees' motion to suppress the use of the finding of 1,200 pounds of marijuana as evidence. We believe the order was improvidently granted and reverse.

Appellees were charged with transportation of marijuana and possession of marijuana for sale. Two questions are posed for our consideration: (1) Did the officers have probable cause to search...

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