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STATE v. KALUZA

No. 93-189.

865 P.2d 263 (1993)

STATE of Montana, Plaintiff and Appellant, v. Vincent M. KALUZA, Defendant and Respondent.

Supreme Court of Montana.

Decided December 14, 1993.

Attorney(s) appearing for the Case

A. Michael Salvagni, Gallatin County Atty., Marty Lambert, Chief Deputy County Atty., Bozeman, for plaintiff and appellant.

Larry Jent, Williams, Jent & Dockins, Herman A. Watson, III, Bozeman, for defendant and respondent.

NELSON, Justice.

The State of Montana (State) appeals an order of the Eighteenth Judicial District Court, Gallatin County, suppressing evidence obtained pursuant to a search warrant. We affirm.

The issue on appeal is as follows: Did the District Court err in suppressing the evidence at issue based upon its finding that no probable cause existed for the issuance of a search warrant?

Based on various information, the Gallatin County Sheriff's Office...

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