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STATE v. SCHWARTZ

No. DA 08-0465.

212 P.3d 1060 (2009)

2009 MT 234

351 Mont. 384

STATE of Montana, Plaintiff and Appellee, v. David Alan SCHWARTZ, Defendant and Appellant.

Supreme Court of Montana.

Decided July 15, 2009.

Attorney(s) appearing for the Case

For Appellant: Larry Jent; Williams & Jent, Bozeman, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Matthew T. Cochenour, Assistant Attorney General, Helena, Montana, Marty Lambert, Gallatin County Attorney; Todd S. Whipple, Deputy County Attorney, Bozeman, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 David Alan Schwartz appeals from the Findings of Fact, Conclusions of Law and Order on Motion to Suppress entered by the Montana Eighteenth Judicial District Court on May 8, 2008, denying his motion to suppress evidence.

¶ 2 The issue on appeal is whether the District Court properly denied Schwartz's motion to suppress.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 3...

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