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STATE v. $129,970.00 IN U.S. CURRENCY

No. 05-585.

161 P.3d 816 (2007)

2007 MT 148

337 Mont. 475

STATE of Montana, Petitioner and Respondent, v. $129,970.00, ONE HUNDRED TWENTY NINE THOUSAND NINE HUNDRED SEVENTY DOLLARS IN UNITED STATES CURRENCY, Daniel Ward Payne, Respondent and Appellant.

Supreme Court of Montana.

Decided June 19, 2007.

Attorney(s) appearing for the Case

For Appellant: Robert L. Stephens, Jr., Southside Law Center, Billings, Montana.

For Respondent: Michael B. Hayworth, Rosebud County Attorney, Forsyth, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Daniel Ward Payne (Payne) appeals from an Order of the Sixteenth Judicial District Court, Rosebud County, granting the State's petition for forfeiture of $129,970.00 in U.S. currency. We affirm.

¶ 2 We restate and address the following issues on appeal:

¶ 3 1. Did the removal of Payne's personal possessions from the car rented by Payne constitute a warrantless search that violated...

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