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STATE v. SEAMAN

No. 04-787.

124 P.3d 1137 (2005)

2005 MT 307

329 Mont. 429

STATE of Montana, Plaintiff and Appellant, v. Tammie SEAMAN, Defendant and Respondent.

Supreme Court of Montana.

Decided December 6, 2005.

Attorney(s) appearing for the Case

Hon. Mike McGrath, Montana Attorney General, John Paulson, Assistant Attorney General, Helena, Montana, Brant S. Light, Cascade County Attorney, Marty Judnich, Deputy County Attorney, Great Falls, Montana, for Appellant.

Steven M. Hudspeth, Attorney at Law, Great Falls, Montana, for Respondent.

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

¶ 1 Tammie Seaman was convicted of driving under the influence (DUI) following the Justice Court's denial of her motion to suppress. She appealed to the District Court for the Eighth Judicial District, Cascade County. The District Court determined that the officer involved had no lawful basis to stop and detain Seaman for a welfare check under the Community Caretaker Doctrine. Hence, the District Court...

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