STATE v. WALSTON

No. 88-296.

768 P.2d 1387 (1989)

STATE of Montana, Appellant, v. Kevin Dean WALSTON, Respondent.

Supreme Court of Montana.

Decided February 23, 1989.


Attorney(s) appearing for the Case

Marc Racicot, Atty. Gen., Joe R. Roberts, Asst. Atty. Gen., Helena, Susan Loehn, County Atty., Scott B. Spencer, Deputy, Libby, for appellant.

David W. Harman, Libby, for respondent.


GULBRANDSON, Justice.

The State appeals an order by the Nineteenth Judicial District Court, Lincoln County, suppressing physical evidence obtained pursuant to a search, under warrant, of the defendant's home and automobile. The District Court held that the affidavit supporting the application for the search warrant failed to establish probable cause. We reverse.

The following issue is raised on appeal:

1. Did the District Court improperly suppress...

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