Legal Opinion

State v. Smith

Montana Supreme Court

Decided August 31, 2004No. 03-392PublishedCited by 22 opinions

1Opinion of the CourtJustice Rice

¶1 Rebekah Michelle Smith (Smith) appeals from an order of the Fifth Judicial District Court, Beaverhead County, entered on March 28, 2003, denying her motion to suppress evidence obtained after a warrantless search of a home she occupied as a party guest. We reverse.

¶2 The issue on appeal is whether the District Court erred in denying Smith’s motion to suppress.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 In the early morning hours of October 19,2001, Dillon City Police Officer Don Guiberson (Officer Guiberson) and several other officers *468responded to a complaint about loud noise and the smell of…

2Cases cited15 opinions

  1. Rakas v. IllinoisSupreme Court of the United States · 1979
  2. United States v. MatlockSupreme Court of the United States · 1974
  3. People v. TriggsCalifornia Supreme Court · 1973
  4. State v. ElisonMontana Supreme Court · 2000
  5. People v. MercadoNew York Court of Appeals · 1986

10 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. State v. HamperMontana Supreme Court · 2008
  2. State v. GoetzMontana Supreme Court · 2008
  3. State v. a Blue in Color, 1993 Chevrolet PickupMontana Supreme Court · 2005
  4. State v. SeamanMontana Supreme Court · 2005
  5. State v. EllisMontana Supreme Court · 2009

17 more not listed; retrieve them via the Exa API.

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