State v. Leistiko

The State of Montana brings this appeal pursuant to section 95-2403, R.C.M.1947, from the order of the District Court, Hill County, granting defendant’s motion to suppress evidence seized in the search of his home under a search warrant.

On August 27, 1976, Paula Kirchgasler (informant) went to the Havre police department to file a complaint concerning an assault against her that occurred the previous night. The alleged assailant was a third party, not the present defendant. During the course of questioning concerning the assault the informant revealed information concerning drug use and…