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STATE v. SIEGAL

No. 95-419.

934 P.2d 176 (1997)

STATE of Montana, Plaintiff and Respondent, v. James Robert SIEGAL, Doyle Wayne Jones and James Jeremiah McIntyre, Defendants and Appellants.

Supreme Court of Montana.

Submitted November 7, 1996.

Decided March 6, 1997.

Attorney(s) appearing for the Case

William A. Hritsco, Davis, Warren & Hritsco, Dillon, for Doyle Wayne Jones.

Vincent J. Kozakiewicz, Dillon, for James Jeremiah McIntyre.

Andrew P. Suenram, Hoffman & Suenram, Dillon, for James Robert Siegal.

Joseph P. Mazurek, Attorney General, Chris D. Tweeten, Assistant Attorney General, Helena; Loren Tucker, Madison County Attorney, Robert Zenker, Deputy Madison County Attorney, Joseph E. Thaggard, Special Deputy Madison County Attorney, Virginia City, for Plaintiff and Respondent.

NELSON, Justice.

Defendants James Robert Siegal (Siegal), Doyle Wayne Jones (Jones) and James Jeremiah McIntyre (McIntyre) moved to suppress the fruits of a search on the ground that the warrantless use of a thermal imager violated their constitutional rights. In addition, Jones moved to dismiss the charges against him on the ground that his Fifth Amendment protection against double jeopardy had been violated. The District Court for the Fifth Judicial District, Madison...

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