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STATE v. ALLEN

No. 14754.

697 P.2d 89 (1980)

STATE of Montana, Plaintiff and Respondent, v. Gary ALLEN, Defendant and Appellant.

Supreme Court of Montana.

Decided May 13, 1980.

As Amended On Denial of Rehearing June 24, 1980.

For majority opinion of the Court, see 188 Mont. 135, 612 P.2d 199.

HASWELL, Chief Justice, dissenting.

I respectfully dissent.

The majority hold that the subsequent search of the apartment violated the Fourth Amendment to the United States Constitution and the contraband seized should not have been admitted in evidence at the trial. Nonetheless, they affirm the conviction because the remaining admissible evidence...

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