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STATE v. OSTEEN

No. 84-516.

700 P.2d 188 (1985)

STATE of Montana, Plaintiff and Appellant, v. Narvin E. OSTEEN, Defendant and Respondent.

Supreme Court of Montana.

Decided May 30, 1985.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, William A. Douglas (Susan Loehn, Deputy), Co. Atty., Libby, for plaintiff and appellant.

Law Office of David W. Harman, Libby, for defendant and respondent.

WEBER, Justice.

The State of Montana appeals from an order of the Lincoln County District Court suppressing evidence seized after officers entered the defendant's home without a warrant and also suppressing defendant's statements made prior to receiving a Miranda warning. We affirm.

The issues are:

1. Did the District Court err in suppressing evidence seized after officers entered defendant's home without a warrant?

2. Did the District...

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