State v. Thomas Tucker Jr.

¶1 Thomas Eugene Tucker, Jr. appeals from the final judgment and order of the District Court for the Fourth Judicial District, Missoula County, denying his motion to suppress evidence seized from his residence pursuant to a search warrant. We affirm.

¶2 The issues on appeal are as follows:

1. Did the District Court err in concluding there was sufficient probable cause in the application for search warrant when it denied Tucker’s motion to suppress?

2. Did the District Court abuse its discretion in failing to conduct a hearing on Tucker’s motion to suppress, pursuant to § 46-13-302(2), MCA?

3.…