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BEST v. POLICE DEPT. OF CITY OF BILLINGS

No. 99-406.

999 P.2d 334 (2000)

2000 MT 97

Mark BEST, Jane Howell, Joan Hurdle, Vern Klingman, Tom Towe and Clarence Williams, Petitioners and Appellants, v. POLICE DEPARTMENT OF the CITY OF BILLINGS and the City of Billings Police Chief Tussing, Defendants and Respondents.

Supreme Court of Montana.

Submitted February 14, 2000.

Decided April 17, 2000.

Attorney(s) appearing for the Case

Elizabeth Brenneman (argued), American Civil Liberties Union of Montana, Billings, Montana, For Appellants.

Brent Brooks (argued) City Attorney, Billings, Montana, For Respondents.

Charles F. Moses, Attorney at Law, Billings, Montana Palmer A. Hoovestal, Attorney at Law, Helena, Montana (for Montana Association of Criminal Defense Lawyers), Hon. Joseph P. Mazurek, Attorney General; Chris D. Tweeten (argued), Chief Counsel, Helena, Montana (for Montana Attorney General), For Amicus Curiae.

Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Mark Best and others (collectively, Citizens) filed an Application for Writ of Mandate against the Police Department of the City of Billings and City of Billings Police Chief Ronald Tussing to compel Chief Tussing to direct his police officers to comply with an order suppressing evidence entered by Judge Maurice R. Colberg, Jr. (Judge Colberg). The Thirteenth Judicial District Court, Yellowstone County...

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