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STATE v. MADPLUME

No. 05-693.

150 P.3d 956 (2007)

2007 MT 11

STATE of Montana, Plaintiff and Appellant, v. Preston A. MADPLUME, Defendant and Respondent.

Supreme Court of Montana.

Decided January 23, 2007.

Attorney(s) appearing for the Case

For Appellant: Hon. Mike McGrath, Montana Attorney General, John Paulson, Assistant Attorney General, Helena, Montana, Robert J. Long, Lake County Attorney, Polson, Montana.

For Respondent: Lane K. Bennett, Attorney at Law, Kalispell, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 On October 1, 2004, Preston A. Madplume (Madplume) was arrested and then detained at the Tribal Police Office in Pablo on misdemeanor charges arising from an incident that had occurred the previous evening. While Madplume was being detained, a minor female alleged that he had sexually assaulted her during the previous evening as well. The officers at the jail awakened Madplume and, without a warrant...

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