STATE v. WILSON

No. 94-038.

879 P.2d 683 (1994)

STATE of Montana, Plaintiff and Respondent, v. Justin Robert WILSON, Defendant and Appellant.

Supreme Court of Montana.

Decided August 11, 1994.

Rehearing Denied September 1, 1994.


Attorney(s) appearing for the Case

Steven J. Shapiro, Clancy, for appellant.

Joseph P. Mazurek, Atty. Gen., Pamela P. Collins, Asst. Atty. Gen., Helena, John T. Flynn, Broadwater County Atty., Townsend, for respondent.


HARRISON, Justice.

Justin Robert Wilson (Wilson) appeals from an order of the First Judicial District Court, Broadwater County, which determined that the justice of the peace had a substantial basis to conclude that probable cause existed to issue a search warrant for Wilson's truck. We reverse.

On the night of April 2, 1993, or early morning of April 3, 1993, the A & W restaurant in Townsend, Montana, was burglarized. When the Broadwater County sheriff...

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