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STATE v. VAN DORT

No. 02-419.

68 P.3d 728 (2003)

2003 MT 104

STATE of Montana, Plaintiff and Respondent, v. David Anthony VAN DORT, Defendant and Appellant.

Supreme Court of Montana.

Decided April 24, 2003.

Attorney(s) appearing for the Case

Terryl T. Matt, Attorney at Law, Cut Bank, Montana, For Appellant.

Honorable Mike McGrath, Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, Larry D. Epstein, County Attorney, Cut Bank, Montana, For Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 David Anthony Van Dort appeals from the December 14, 2001, Order of the Ninth Judicial District Court, Glacier County, denying his motion to suppress. We reverse.

¶ 2 The following issues are raised on appeal:

¶ 3 (1) Whether the District Court erred when it concluded that Van Dort was not unlawfully arrested; and

¶ 4 (2) Whether Van Dort's subsequent Mirandized...

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