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STATE v. ST. MARKS

No. 01-863.

59 P.3d 1113 (2002)

2002 MT 285

STATE of Montana, Plaintiff and Respondent, v. Floyd ST. MARKS, Defendant and Appellant.

Supreme Court of Montana.

Decided December 10, 2002.

Attorney(s) appearing for the Case

Daniel A. Boucher, Altman & Boucher, Havre, Montana, For Appellant.

Mike McGrath, Montana Attorney General, Jim Wheelis, Assistant Montana Attorney General, Helena, Montana; David G. Rice, Hill County Attorney, Cyndee L. Faus, Deputy Hill County Attorney, Havre, Montana, For Respondent.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Floyd St. Marks (St.Marks) was charged in the Twelfth Judicial District Court with the offense of criminal possession of dangerous drugs based on contraband found during execution of a search warrant on St. Marks' vehicle and motel room. St. Marks filed a motion to suppress all evidence gathered as a result of the search warrant, arguing that the search warrant application lacked sufficient probable...

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