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STATE v. HILGENDORF

No. DA 07-0763.

208 P.3d 401 (2009)

2009 MT 158

350 Mont. 412

STATE of Montana, Plaintiff and Appellee, v. Mark Patrick HILGENDORF, Defendant and Appellant.

Supreme Court of Montana.

Decided May 7, 2009.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Roberta R. Zenker, Assistant Appellate Defender; Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Micheal S. Wellenstein; Assistant Attorney General, Helena, Montana, Dennis Paxinos, Yellowstone County Attorney; Victoria Callender, Deputy County Attorney, Billings, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Mark Hilgendorf pled guilty to criminal possession of dangerous drugs and drug paraphernalia. Pursuant to the terms of the plea agreement, Hilgendorf reserved the right to appeal the District Court's denial of his motion to suppress evidence of drugs, drug paraphernalia, and any statements made by him or his passenger on the ground that the arresting officer did not have particularized suspicion to stop...

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