State v. Gonzales

Appellant James Gonzales appeals his conviction for theft in the District Court of the First Judicial District, Lewis and Clark County. We affirm.

Mr. Gonzales contends that the District Court erred by admitting evidence obtained in violation of his search and seizure rights under the Fourth Amendment to the United States Constitution, and Article II, Section 10 and 11, of the Montana Constitution. The asserted violation stems from police placement of fluorescent detection powder on the exterior of an automobile owned by Mr. Gonzales’s brother, Jason Gonzales. The police applied the powder to…