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eBook details

• Title: State v. Sierra
• Author : Supreme Court of Montana
• Release Date : January 04, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Submitted on Briefs June 14, 1984. The State of Montana appeals from an order of the Park County District Court suppressing part of the evidence seized from defendant after he and another friend had been arrested and taken to the police station to be detained until it could be determined whether they were legally in the United States. The State seized some marijuana from defendant as he was emptying his pockets at the police station pursuant to police orders, and the court held that this evidence was admissible. However, the State also had ordered the defendant to open his suitcase, and when he did the State discovered a large quantity of marijuana in the suitcase. Defendant moved to suppress this evidence, a felony amount, and the trial court suppressed this evidence, holding that the seizure violated defendant's right to privacy guaranteed by Art. II, section 10 of the Montana Constitution. We affirm.

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