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STATE v. GILMORE

No. 03-842.

104 P.3d 1051 (2004)

2004 MT 363

324 Mont. 488

STATE of Montana, Plaintiff and Respondent, v. Ross John GILMORE, Defendant and Appellant.

Supreme Court of Montana.

Decided December 21, 2004.

Attorney(s) appearing for the Case

For Appellant: Craig R. Buehler, Attorney at Law, Lewistown, Montana.

For Respondent: Honorable Mike McGrath, Montana Attorney General, C. Mark Fowler, Assistant Attorney General, Helena, Montana; Thomas P. Meissner, Fergus County Attorney, Lewistown, Montana.

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

¶ 1 Ross John Gilmore (Gilmore) appeals the judgment of the Tenth Judicial District Court, Fergus County, denying his motion to suppress.

¶ 2 We address the following issue on appeal and affirm: Did the District Court err in denying Gilmore's motion to suppress?

FACTUAL AND PROCEDURAL BACKGROUND

¶ 3 On June 24, 2002, Deputy Everett Misner (Deputy Misner) and Lieutenant...

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