STATE v. GRAY

No. 99-334.

38 P.3d 775 (2001)

2001 MT 250

STATE of Montana, Plaintiff/Respondent, v. Duane David GRAY, Defendant/Appellant.

Supreme Court of Montana.

Decided December 6, 2001.

Rehearing Denied January 15, 2002.


Attorney(s) appearing for the Case

For Appellant: Jack H. Morris, Jardine & Morris, Whitehall, MT.

For Respondent: Hon. Mike McGrath, Attorney General; Pamela P. Collins, Assistant Attorney General, Helena, Montana Robert M. McCarthy, Silver Bow County Attorney; Brad Newman, Deputy County Attorney, Butte, MT.


Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Duane David Gray appeals from an order issued by the Second Judicial District Court, Silver Bow County, which denied his motion to suppress evidence seized pursuant to a search warrant. We affirm.

¶ 2 The sole issue raised on appeal is whether the District Court erred in determining there was sufficient probable cause to support the issuance of a search warrant.

BACKGROUND

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