STATE v. CARLSON

No. 81-349.

644 P.2d 498 (1982)

STATE of Montana, Plaintiff and Appellant, v. Bradley James CARLSON, Defendant and Respondent.

Supreme Court of Montana.

Decided April 29, 1982.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Charles Graveley, County Atty., Kevin Meek and Carolyn Clemens, argued, Helena, for plaintiff and appellant.

Leaphart Law Firm, Helena, W. William Leaphart, argued, Helena, for defendant and respondent.


SHEEHY, Justice.

The State of Montana appeals from an order of the District Court, First Judicial District, Lewis and Clark County, suppressing the use of certain evidence in criminal proceedings pending against the defendant Bradley James Carlson.

The issue brought by the State is whether the evidence is the product of a "plain view" observation of officers in the course of or incident to the making of a lawful arrest. We determine from the circumstances...

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