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STATE v. SCHWARZ

No. 05-370.

136 P.3d 989 (2006)

2006 MT 120

332 Mont. 243

STATE of Montana, Plaintiff and Respondent, v. Kerry Ann SCHWARZ, Defendant and Appellant.

Supreme Court of Montana.

Decided May 31, 2006.

Attorney(s) appearing for the Case

Carolyn Gill, Gill Law Office, Plains, for Appellant.

Mike McGrath, Attorney General; C. Mark Fowler, Assistant Attorney General; Helena, Robert Zimmerman, County Attorney, Thompson Falls, for Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Kerry Ann Schwarz pled guilty in the Twentieth Judicial District Court to criminal possession of dangerous drugs, a felony in violation of § 45-9-102, MCA. The dispositive issue on appeal is whether the District Court correctly determined that law enforcement had legal authority to search Schwarz's home after her thirteen-year-old daughter provided...

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