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STATE v. TACKITT

No. 01-830.

67 P.3d 295 (2003)

2003 MT 81

STATE of Montana, Plaintiff and Respondent, v. James Kirk TACKITT, Defendant and Appellant.

Supreme Court of Montana.

Submitted October 22, 2002.

Decided April 15, 2003.

Attorney(s) appearing for the Case

Lane K. Bennett, Kalispell, Montana, for Appellant.

Mike McGrath, Montana Attorney General, Mark W. Mattioli, Assistant Montana Attorney General, Helena, Montana; Thomas J. Esch, Flathead County Attorney, Richard Hickel, Deputy Flathead County Attorney, Kalispell, Montana, for Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Appellant James Tackitt (Tackitt) appeals an order of the Eleventh Judicial District Court, Flathead County, denying his motion to suppress. We reverse.

¶ 2 We address the following issues on appeal:

¶ 3 1. Did the District Court properly conclude that the use of a drug-detecting canine to sniff for drugs in a vehicle parked in an area accessible to the public is not a search...

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