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STATE v. WAITE

No. 05-213.

143 P.3d 116 (2006)

2006 MT 216

333 Mont. 365

STATE of Montana, Plaintiff and Appellant, v. Nikki Faye WAITE, Defendant and Respondent.

Supreme Court of Montana.

Decided September 6, 2006.

Attorney(s) appearing for the Case

For Appellant: Honorable Mike McGrath, Attorney General; Ilka Becker, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, County Attorney; Karen S. Townsend, Deputy County Attorney, Missoula, Montana.

For Respondent: Mark Anderson, Public Defender, Missoula, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 The State of Montana appeals from an order of the Fourth Judicial District Court, Missoula County, holding there was not particularized suspicion for the investigatory stop of Nikki Faye Waite's (Waite) vehicle. We reverse and remand.

¶ 2 We consider the following issue on appeal:

¶ 3 Did the District Court err in granting Waite's motion...

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