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STATE v. ELLINGTON

No. 05-567.

143 P.3d 119 (2006)

2006 MT 219

333 Mont. 411

STATE of Montana, Plaintiff and Respondent, v. Edward ELLINGTON, Defendant and Appellant.

Supreme Court of Montana.

Decided September 6, 2006.

Attorney(s) appearing for the Case

For Appellant: Robert J. Quinn, Quinn Law Office, Bozeman, Montana.

For Respondent: Hon. Mike McGrath, Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, Marty Lambert, County Attorney; Todd Whipple, Deputy County Attorney, Bozeman, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Edward Ellington (Ellington) appeals from an order of the Eighteenth Judicial District, Gallatin County, denying his motion to suppress physical evidence seized from him by law enforcement officers. We reverse and remand.

¶ 2 Ellington presents the following dispositive issue on appeal:

¶ 3 Whether law enforcement officers possessed...

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