EISMANN, Chief Justice.
This is an appeal from an order suppressing evidence obtained from the warrantless search of a "hooch" constructed by the Defendant on public forest lands. We hold that the district court did not err in holding that the Defendant had a reasonable expectation of privacy in his hooch and that the search cannot be justified as incident to his lawful arrest where it occurred after he had been arrested, handcuffed, and removed from the scene.
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