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STATE v. SMITH

No. 03-392.

97 P.3d 567 (2004)

2004 MT 234

322 Mont. 466

STATE of Montana, Plaintiff and Respondent, v. Rebekah Michelle SMITH, Defendant and Appellant.

Supreme Court of Montana.

Decided August 31, 2004.

Attorney(s) appearing for the Case

For Appellant: Wendy Holton, Helena, Montana.

For Respondent: Mike McGrath, Attorney General; Jim Wheelis, Assistant Attorney General, Helena, Montana, W.G. Gilbert, III, Dillon City Attorney, Dillon, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Rebekah Michelle Smith (Smith) appeals from an order of the Fifth Judicial District Court, Beaverhead County, entered on March 28, 2003, denying her motion to suppress evidence obtained after a warrantless search of a home she occupied as a party guest. We reverse.

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

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