State v. Hubbel

Defendant Wesley Carter Hubbel (Hubbel) was charged with aggravated assault, a felony, after an incident in which he shot his wife, Carole Hubbel. He filed a motion to suppress evidence seized at his home during a warrantless search on the ground that it violated his constitutional rights. The District Court for the Twenty-First Judicial District, Ravalli County, denied his motion. A jury subsequently returned a guilty verdict. Hubbel now appeals the denial of his motion to suppress. We affirm in part and reverse in part.

We frame the issues as follows:

1. Was the warrantless search and seizure…