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STATE v. KELM

No. DA 12-0239.

300 P.3d 687 (2013)

2013 MT 115

STATE of Montana, Plaintiff and Appellant, v. Kristin Elizabeth KELM, Defendant and Appellee.

Supreme Court of Montana.

Decided April 30, 2013.

Attorney(s) appearing for the Case

For Appellant: Timothy C. Fox , Montana Attorney General; Jonathan M. Krauss , Assistant Attorney General; Helena, Montana.

Steven Howard , Sheridan County Attorney; Plentywood, Montana, Nickolas C. Nurnion , Special Deputy Sheridan County Attorney; Glasgow, Montana.

For Appellee: Brad W. Fjeldheim ; O'Toole Law Firm; Plentywood, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 The State of Montana appeals an order of the Montana Fifteenth Judicial District Court, Sheridan County, granting defendant Kristin Kelm's motion to suppress evidence. We affirm in part, reverse in part, and remand the action for further proceedings.

¶ 2 We address the following issues on appeal:

¶ 3 1. Did the District Court incorrectly conclude that, because the arresting...

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