State v. Smith
Montana Supreme Court
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
- Rakas v. IllinoisSupreme Court of the United States · 1979
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- State v. ElisonMontana Supreme Court · 2000
- People v. MercadoNew York Court of Appeals · 1986
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