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STATE v. JETTY

No. 13906.

579 P.2d 1228 (1978)

STATE of Montana, Plaintiff And Appellant, v. James D. JETTY, Defendant and Respondent.

Supreme Court of Montana.

Decided June 8, 1978.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Charles R. Anderson, Asst. Atty. Gen. (argued), Helena, Jack Yardley, County Atty. (argued), Livingston, for plaintiff and appellant.

Huppert & Swindlehurst, Joseph T. Swindlehurst (argued), Livingston, for defendant and respondent.

HARRISON, Justice.

This is an appeal from the District Court, Park County, wherein the court suppressed marijuana seized in a jail search. The state appeals and raises these issues:

1. Whether the search of defendant's person under a warrant of arrest issued by a police magistrate for a parking meter violation is an unreasonable search?

2. Whether the Livingston meter ordinance is constitutional?

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