STATE v. VALLEY

No. 90-275.

830 P.2d 1255 (1992)

STATE of Montana, Plaintiff and Respondent, v. Neal VALLEY, Defendant and Appellant.

Supreme Court of Montana.

Decided January 14, 1992.


Attorney(s) appearing for the Case

Terry A. Wallace (argued), Missoula, for defendant and appellant.

Marc Racicot, Atty. Gen., and Jennifer Anders argued, Assit. Atty. Gen., Helena and Robert Deschamps, III, Missoula County Attorney, Missoula, for plaintiff and respondent.


McDONOUGH, Justice.

After final judgment, defendant, Neal Valley, appeals from a decision of the Fourth Judicial District, Missoula County, denying his motion to suppress physical evidence based on lack of probable cause for issuance of a search warrant. We reverse.

The sole issue on appeal is whether the District Court erred in denying defendant's motion to suppress.

On March 31, 1988, the Missoula County Sheriff's Department applied to District Court...

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