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STATE v. ELLIS

No. DA 08-0149.

210 P.3d 144 (2009)

2009 MT 192

351 Mont. 95

STATE of Montana, Plaintiff and Appellant, v. William Bruce ELLIS, Jr., Defendant and Appellee.

Supreme Court of Montana.

Submitted March 12, 2009.

Decided June 5, 2009.

Attorney(s) appearing for the Case

For Appellant: Steve Bullock, Montana Attorney General, Tammy K. Plubell, Assistant Attorney General, Helena, Montana, Robert M. McCarthy, Silver Bow County Attorney, Samm Cox (argued), Deputy County Attorney, Butte, Montana.

For Appellee: Gregory Jackson, Jackson Law Firm, P.C., Chad Wright (argued), Hooks & Wright, P.C., Helena, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 The State appeals an order of the District Court for the Second Judicial District, Silver Bow County, granting Dr. William Ellis's motion to suppress all of the evidence obtained from a search of his residence after the police received a report of sexual assault upon his thirteen-year-old daughter. We affirm in part, reverse in part and remand for further proceedings consistent with this Opinion...

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