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STATE v. PALMER

No. 01-884.

68 P.3d 809 (2003)

2003 MT 129

STATE of Montana, Plaintiff and Appellant, v. Samuel B. PALMER, Defendant and Respondent.

Supreme Court of Montana.

Decided April 29, 2003.

Attorney(s) appearing for the Case

Hon. Mike McGrath, Attorney General; Jim Wheelis, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, Missoula County Attorney; Dale Mrkich, Deputy County Attorney, Missoula, Montana, for appellant.

Craig Shannon, Attorney at Law, Missoula, Montana, for respondent.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 The State appeals an Order of the Fourth Judicial District Court, Missoula County, granting the motion to suppress filed by Defendant Samuel B. Palmer ("Palmer"). We reverse.

¶ 2 We address the following issue on appeal:

¶ 3 Did the District Court err in granting Palmer's motion to suppress?

BACKGROUND

¶ 4 On February 28, 2001, District Judge John W. Larson...

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