State v. Kelly

Defendant appeals from a conviction of criminal possession of dangerous drugs with intent to sell, following trial without jury in the Eighteenth Judicial District Court, Gallatin County. We affirm.

Defendant raises the following issues:

1. Were the searches in Hawaii illegal and was evidence seized as a result of those searches tainted?

2. Was the opening of the package by the Bozeman police, and their inventory of its contents, an unconstitutional search and an invasion of defendant’s right of privacy?

3. Did the issuing magistrate in Montana lack jurisdiction to issue the first search warrant?

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