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STATE v. HEMBD

No. 88-353.

767 P.2d 864 (1989)

STATE of Montana, Plaintiff and Appellant, v. John Patrick HEMBD, Defendant and Respondent.

Supreme Court of Montana.

Decided January 12, 1989.

Attorney(s) appearing for the Case

Marc Racicot, Atty. Gen., Clay R. Smith, Asst. Atty. Gen., Mike McGrath, Co. Atty., Helena, for plaintiff and appellant.

Lawrence A. Murphy, Harrison, Yeshe & Murphy, Helena, for defendant and respondent.

GULBRANDSON, Justice.

The State of Montana appeals the order of the District Court, First Judicial District, Lewis and Clark County, Montana, filed on May 23, 1988, granting defendant's motion to suppress evidence seized from the trunk of his vehicle pursuant to a search warrant. We reverse the order of the District Court.

John Patrick Hembd was arrested in the early morning hours of March 16, 1988, following a phone call to the police department reporting...

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