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Tuesday, May 06, 2008

Motion to suppress, no exigent cirmcumstances

2002 MT 206
STATE OF MONTANA,v.
EVELYN LOGAN,
The Thirteenth Judicial District Court, Yellowstone County, denied Evelyn Logan's motion to suppress evidence seized from her purse and from a car in which she was a passenger. Reserving her right to appeal the suppression issue, Logan pled guilty to misdemeanor possession of dangerous drugs and the court entered judgment against her. Logan appeals. We reverse and remand.
We hold the District Court erred in concluding exigent circumstances justified the officers' warrantless search of the purse and the car. As a result, we further hold the District Court erred in denying Logan's motion to suppress.
3 Reversed and remanded for further proceedings consistent with this opinion.

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