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STATE v. JACKSON

No. 80-405.

672 P.2d 255 (1983)

The STATE of Montana, Plaintiff and Appellant, v. Robert Charles JACKSON, Defendant and Respondent.

Supreme Court of Montana.

Decided October 21, 1983.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., argued, Helena, Sarah Power, Asst. Atty. Gen., argued, Helena, A. Michael Salvagni, County Atty., Bozeman, for plaintiff and appellant.

Goetz & Madden, James H. Goetz, argued, Bozeman, for defendant and respondent.

Mark Connell, Baldassin, Connell & Beers, Missoula, for amicus curiae (American Civil Liberties Union).

HASWELL, Chief Justice.

This case comes to us for the second time following remand by the United States Supreme Court, ___ U.S. ___, 103 S.Ct. 1418, 75 L.Ed.2d 782.

This case began when defendant, Robert Charles Jackson, was charged with driving a motor vehicle while under the influence of alcohol, fourth offense, a misdemeanor, in the District Court of Gallatin County. During the course of prosecution, the District Court entered an order suppressing all evidence...

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