STATE v. JENSEN

No. 84-538.

704 P.2d 45 (1985)

STATE of Montana, Plaintiff and Appellant, v. Delbert JENSEN, Defendant and Respondent.

Supreme Court of Montana.

Decided August 5, 1985.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., James Scheier, argued, Asst. Atty. Gen., Helena, Ronald W. Smith, Co. Atty., Edward Corrigan, Deputy Co. Atty., Havre, for plaintiff and appellant.

Law Offices of Frank Altman, Ivan Evilsizer, argued, Havre, for defendant and respondent.


WEBER, Justice.

The State appeals from a pre-trial order suppressing evidence seized in a search of Delbert Jensen's home by law enforcement officers with a search warrant. The District Court determined that the Justice of the Peace issued the warrant without probable cause. We find that the application contained sufficient probable cause to support the issuance of the search warrant. We reverse the order of the District Court.

The issues on appeal are:

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