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STATE v. MALKUCH

No. DA 06-0097.

154 P.3d 558 (2007)

2007 MT 60

STATE of Montana, Plaintiff and Respondent, v. Bryan MALKUCH and Jackie Malkuch, a/k/a Jackie Kerzman, Defendants and Appellants.

Supreme Court of Montana.

Decided March 6, 2007.

Attorney(s) appearing for the Case

For Appellant: R.W. Heineman, Wibaux Montana.

For Respondent: Mike McGrath, Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, Albert R. Batterman, Fallon County Attorney, Baker, Montana.

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

¶ 1 Bryan Malkuch and Jackie Malkuch appeal from orders of the Sixteenth Judicial District Court, Fallon County, denying their motions to suppress evidence. We affirm.

¶ 2 The dispositive issue on appeal is whether the District Court correctly determined that evidence was obtained as a result of a private search and thus appropriately denied the motions to suppress evidence obtained...

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