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CITY OF MISSOULA v. IOSEFO

No. DA 13-0536.

330 P.3d 1180 (2014)

2014 MT 209

CITY OF MISSOULA, Plaintiff and Appellee, v. Martin Mulipa IOSEFO, Defendant and Appellant.

Supreme Court of Montana.

Decided August 5, 2014.

Attorney(s) appearing for the Case

For Appellant: James P. O'Brien , O'Brien Law Office, Missoula, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Katie F. Schulz , Assistant Attorney General, Helena, Montana, Gary Henricks , Missoula City Attorney's Office, Missoula, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Martin Mulipa Iosefo appeals the Fourth Judicial District Court's order affirming the Missoula Municipal Court's denial of his motion to suppress evidence based on a lack of probable cause for his arrest. The only issue on appeal is whether an off-duty officer arrested Iosefo without probable cause. We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 2 Mark Fiorentino, an off-duty police...

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