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STATE v. McBRIDE

No. 98-455.

982 P.2d 453 (1999)

1999 MT 127

STATE of Montana, Plaintiff and Respondent, v. Shawn R. McBRIDE, Defendant and Appellant.

Supreme Court of Montana.

Decided June 3, 1999.

Attorney(s) appearing for the Case

Jack E. Sands, Attorney at Law, Billings, Montana, For Appellant.

Honorable Joseph P. Mazurek, Attorney General; Micheal S. Wellenstein, Assistant Attorney General, Helena, Montana, Dennis Paxinos, County Attorney; Sheila Kolar, Deputy County Attorney, Billings, Montana, For Respondent

Chief Justice J.A. TURNAGE delivered the Opinion of the Court.

¶ 1 The Thirteenth Judicial District Court, Yellowstone County, denied Shawn R. McBride's motion to suppress certain evidence seized from his person. McBride appeals. We reverse and remand.

¶ 2 The issue is whether probable cause and exigent circumstances supported police officers' entry into McBride's residence without a warrant and without permission.

¶ 3 On February 27...

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