Legal Opinion

State v. Garberding

Montana Supreme Court

Decided November 26, 1990No. 90-128PublishedCited by 9 opinions

1Opinion of the CourtJustice Weber

After waiving his right to a jury or bench trial, defendant, Dale Garberding (Garberding), submitted his case to the District Court of the Twentieth Judicial District, Sanders County, on the basis of police reports, documents and records on file. He was convicted of criminal possession of dangerous drugs with intent to sell, a felony, and criminal possession of drug paraphernalia, a misdemeanor. From that conviction, Garberding appeals. We affirm.

The issues for our review are:

1. Whether the search warrant was issued upon probable cause?

2. Whether Garberding was entitled to an evidentiary…

2Cases cited2 opinions

  1. Franks v. DelawareSupreme Court of the United States · 1978
  2. United States v. HarrisSupreme Court of the United States · 1971

3Cited by9 opinions

  1. State v. OlmstedMontana Supreme Court · 1998
  2. State v. AdamsMontana Supreme Court · 1997
  3. State v. HallMontana Supreme Court · 1991
  4. State v. HulbertMontana Supreme Court · 1994
  5. State v. Sor-LokkenMontana Supreme Court · 1991

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