STATE v. COONEY

No. 05-669.

149 P.3d 554 (2006)

2006 MT 318

335 Mont. 55

STATE of Montana, Plaintiff and Respondent, v. Tylar J. COONEY, Defendant and Appellant.

Supreme Court of Montana.

Decided December 5, 2006.


Attorney(s) appearing for the Case

For Appellant: Darrel L. Moss, Sullivan, Tabaracci & Rhoades, P.C., Missoula, Montana.

For Respondent: Mike McGrath, Attorney General; Joslyn Hunt, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, County Attorney; Jennifer Clark, Deputy County Attorney, Missoula, Montana.


Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Tylar J. Cooney (Cooney) appeals from an order of the Fourth Judicial District Court, Missoula County, denying his pre-trial motion to suppress evidence discovered during a search of his person.

¶ 2 We review the following issue on appeal:

¶ 3 Was the District Court correct when it denied Cooney's motion to suppress?

FACTUAL AND PROCEDURAL HISTORY

¶ 4...

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