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STATE v. ERLER

No. 82-358.

672 P.2d 624 (1983)

STATE of Montana, Plaintiff and Appellant, v. Mark ERLER, a/k/a Mark Martin, Defendant and Respondent.

Supreme Court of Montana.

Decided November 29, 1983.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, John P. Connor, Jr., County Atty., argued, Bob Peterson, Deputy County Atty., argued, Boulder, for plaintiff and appellant.

Harlen & Thompson, Shaun R. Thompson argued, Helena, for defendant and respondent.

MORRISON, Justice.

The State of Montana appeals the July 30, 1982, order of the District Court of the Fifth Judicial District, Jefferson County, suppressing all evidence seized from the defendant's residence in a search conducted on December 30, 1981. The search was held to be illegal because the application for the search warrant was found to have failed to establish probable cause sufficient to justify a search of defendant...

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