State v. Deskins

JUSTICE McDONOUGH,

respectfully dissenting:

The search of the Deskins’ home does not comply with the policies which are articulated in the Fourth Amendment to the United States Constitution and the right to be free from unreasonable searches (Article II, Section 11), and the right of privacy (Article II, Section 10) embodied in the Constitution of the State ofMontana. For this reason, I would reverse.

The policies embodied in the above Amendment and articles grew directly out of events which immediately preceded the revolutionary struggle with England. Due to their experience with unrestrained…