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STATE v. SUNDBERG

No. 88-307.

765 P.2d 736 (1988)

STATE of Montana, Plaintiff and Appellant, v. Edward SUNDBERG, Defendant and Respondent.

Supreme Court of Montana.

Decided December 8, 1988.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Clay R. Smith, Asst. Atty. Gen., Helena, Ted Lympus, County Atty., Ed Corrigan, Deputy, Kalispell, for plaintiff and appellant.

Gary G. Doran, Kalispell, for defendant and respondent.

SHEEHY, Justice.

The Attorney General of the State of Montana appeals from an order of the District Court, Eleventh Judicial District, Flathead County, suppressing evidence seized from respondent's residence pursuant to a search warrant issued December 14, 1987. The question presented to this Court is whether probable cause existed for issuance of the search warrant under the totality of the circumstances, and whether the subsequent suppression of the evidence was...

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