State v. Cooney

¶1 Tylar J. Cooney (Cooney) appeals from an order of the Fourth Judicial District Court, Missoula County, denying his pre-trial motion to suppress evidence discovered during a search of his person.

¶2 We review the following issue on appeal:

¶3 Was the District Court correct when it denied Cooney’s motion to suppress?

FACTUAL AND PROCEDURAL HISTORY

¶4 Missoula County Sheriff Detectives Scott Brodie (Officer Brodie) and Tom Lewis (Officer Lewis) were assisting in the execution of a search warrant at a Missoula residence on February 26, 2004. Cooney arrived at the residence during the search and…