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STATE v. HART

No. 02-545.

85 P.3d 1275 (2004)

2004 MT 51

STATE of Montana, Plaintiff and Respondent, v. Robert Donald HART, Defendant and Appellant.

Supreme Court of Montana.

Decided March 2, 2004.

Attorney(s) appearing for the Case

For Appellant: Chris J. Nelson, Attorney at Law, Billings, Montana.

For Respondent: Hon. Mike McGrath, Montana Attorney General, John Paulson, Assistant Attorney General, Helena, Montana; Dennis Paxinos, Yellowstone County Attorney, Sheila R. Kolar, Deputy County Attorney, Billings, Montana.

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

¶ 1 Robert Donald Hart (Hart) appeals the judgment of the Thirteenth Judicial District Court, Yellowstone County, denying his motion to suppress.

¶ 2 We address the following issues on appeal and affirm:

¶ 3 1. Did the canine sniff around the exterior of Hart's vehicle constitute a search?

¶ 4 2. Was the search warrant issued for searching Hart's vehicle supported...

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