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POTTER v. DIST. CT. OF 16th JUD. DIST.

No. 94-069.

880 P.2d 1319 (1994)

Robert L. POTTER, Debra Lee Steiner and Jason W. Riggs, Petitioners, v. DISTRICT COURT OF the SIXTEENTH JUDICIAL DISTRICT of the State pf Montana, In and For the COUNTY OF CUSTER, and The Honorable Joe L. Hegel, Presiding Judge, Respondents.

Supreme Court of Montana.

Decided September 12, 1994.

Attorney(s) appearing for the Case

R.L. Stephens, Jr., R. Allen Beck, James Graves & Toennis, Billings, for petitioners.

Joseph P. Mazurek, Atty. Gen., Micheal Wellenstein, Asst. Atty. Gen. Gary Bunke, Deputy Custer County Atty., for respondents.

NELSON, Justice.

This is an original proceeding which arises out of the issuance of two search warrants on August 18, 1993. The search warrants were signed by Steven Rice, as "Acting Justice of the Peace." The execution of the warrants led to the seizure of marijuana and other drug related items. Defendant Robert Potter was charged with one count of criminal sale of dangerous drugs, a felony pursuant to § 45-9-101(1...

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