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STATE v. STUBBS

No. 94-258.

892 P.2d 547 (1995)

STATE of Montana, Plaintiff and Appellant, v. Steven Richard STUBBS, Defendant and Respondent.

Supreme Court of Montana.

Decided March 30, 1995.

Attorney(s) appearing for the Case

Scott B. Spencer, County Atty., Libby, Joseph P. Mazurek, Atty., Gen., Cregg Coughlin, Asst. Atty. Gen., Helena, for appellant,

Kathleen Hufstetler, Lincoln County Public Defender, Libby, for respondent.

LEAPHART Justice.

The State of Montana appeals from an order of the Nineteenth Judicial District Court, Lincoln County, suppressing evidence in a criminal case against Steven Richard Stubbs (Stubbs). We reverse.

BACKGROUND

The facts are essentially undisputed. Late on the night of July 3, 1993, Lincoln County Reserve Deputy Steven Boyer (Boyer) was patrolling east of Libby when he observed a car rapidly approaching him from behind. Boyer testified...

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