State v. Schwartz

¶1 David Alan Schwartz appeals from the Findings of Fact, Conclusions of Law and Order on Motion to Suppress entered by the Montana Eighteenth Judicial District Court on May 8, 2008, denying his motion to suppress evidence.

¶2 The issue on appeal is whether the District Court properly denied Schwartz’s motion to suppress.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 In June, 2005, a confidential informant (Cl) met with Detective Travis Swandal and disclosed that she had arranged to buy marijuana from Georgia Doncaster. Swandal fitted the Cl with an electronic transmitting device that allowed him to…