CITY OF CUT BANK v. BIRD

No. 00-246.

38 P.3d 804 (2001)

2001 MT 296

CITY OF CUT BANK, Plaintiff and Appellant, v. Daniel BIRD, Defendant and Respondent.

Supreme Court of Montana.

Decided December 27, 2001.


Attorney(s) appearing for the Case

For Appellant: Hon. Joseph P. Mazurek, Attorney General; Sarah A. Bond, Assistant Attorney General, Helena, MT, Robert G. Olson, Cut Bank City Attorney; Robert A. Smith, Deputy City Attorney, Cut Bank, MT.

For Respondent: Terryl T. Healy, Attorney at Law, Cut Bank, MT.


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

¶ 1 The City of Cut Bank (City) appeals from the order of the Ninth Judicial District Court, Glacier County, granting, in part, the motion to suppress filed by Daniel Bird (Bird). We reverse.

¶ 2 The issue on appeal is whether the District Court erred in granting Bird's motion to suppress.

BACKGROUND

¶ 3 On May 25, 1999, Cut Bank City Police Officer Joshua Olson...

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