Legal Opinion
State v. Carlson
Montana Supreme Court
Decided April 29, 1982No. 81-349PublishedCited by 31 opinions
1Opinion of the CourtJustice Sheehy
The State of Montana appeals from an order of the District Court, First Judicial District, Lewis and Clark County, suppressing the use of certain evidence in criminal proceedings pending against the defendant Bradley James Carlson.
The issue brought by the State is whether the evidence is the product of a “plain view” observation of officers in the course of or incident to the making of a lawful arrest. We *115determine from the circumstances here that the evidence should be suppressed, and affirm the District Court.
On the afternoon of March 10,1981, Carlson was involved in a minor traffic…
2Cases cited27 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Payton v. New YorkSupreme Court of the United States · 1980
- Boyd v. United StatesSupreme Court of the United States · 1886
22 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Hulse v. State, Department of JusticeMontana Supreme Court · 1998
- State v. BullockMontana Supreme Court · 1995
- Park v. Montana Sixth Judicial District CourtMontana Supreme Court · 1998
- State v. BieberMontana Supreme Court · 2007
- Dorwart v. CarawayMontana Supreme Court · 1998
26 more not listed; retrieve them via the Exa API.