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GRINDE v. STATE

No. 90-463.

813 P.2d 473 (1991)

Jerry GRINDE, Petitioner and Respondent, v. STATE of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided June 18, 1991.

Attorney(s) appearing for the Case

Marc Racicot, Atty. Gen., State of Mont., James L. Yellowtail, Peter Funk, Asst. Attys. Gen., Helena, Rae V. Kalbfleisch, Toole County Atty., Merle Raph, Deputy Toole County Atty., Shelby, for defendant and appellant.

Chas. L. Jacobson, Conrad, for petitioner and respondent.

McDONOUGH, Justice.

The State of Montana appeals from an order of the Ninth Judicial District, Toole County, that required the return of Jerry Grinde's driver's license. The District Court held that the seizure of Grinde's license pursuant to § 61-8-402, MCA, was illegal because Toole County police officers lacked justification to stop his automobile. We affirm.

The sole issue on appeal is:

Whether the District Court erred when it ordered the...

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