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State v. Anyan

104 P.3d 511 (2004)

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State v. Anyan

Montana Supreme Court

104 P.3d 511 (2004)

Facts

Police officers suspected a large rental house contained a methamphetamine lab. The house had three levels and many rooms and could accommodate up to 15 occupants. Officers surveilled the house and observed cars with out-of-state plates. One car belonged to a person with past drug charges and three active warrants, including a parole violation. Several visitors to the house also had past drug charges, and one had felony convictions for burglary and child rape. The house had a security camera pointed at the driveway. Officers obtained a search warrant based on these observations. The officers also discovered, but did not include in the warrant application, that a person matching the description of one of the house’s occupants had purchased ammunition at a local store. Surveillance did not confirm any weapons in the house. Two special tactics and weapons teams assisted officers in planning a raid of the house at approximately 2:00 in the morning. Right before the raid, one officer who surveilled the house from across the street observed a car pull up and a male driver get out and shout for everyone to get inside and shut off the lights. Officers surrounded and forcibly entered the house at various points without knocking or announcing their presence prior to entering. Several occupants (defendants) were arrested, and the state (plaintiff) charged the occupants with conspiracy, manufacture, and possession of dangerous drugs with intent to sell. The trial court denied the occupants’ motion to suppress the evidence. The occupants were convicted and appealed.

Rule of Law

Issue

Holding and Reasoning (Nelson, J.)

Dissent (Rice, J.)

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