State v. Bullock
Montana Supreme Court
901 P.2d 61 (1995)
- Written by Deanna Curl, JD
Facts
During an investigation of a report that Peterson and Bullock (defendants) killed an elk in violation of Montana law, a sheriff’s deputy and game warden went to Peterson’s cabin to speak with him without a warrant. Peterson’s cabin could not be seen from the public road, and the investigators crossed Peterson’s private land to reach the property. After entering the property through an open gate, the investigators found the elk carcass hanging from a tree. After further investigation, Bullock was charged with possession of an unlawfully killed animal. After the justice court dismissed the case, the state (plaintiff) appealed for a new trial in the district court. The district court denied Bullock’s motion to suppress evidence stemming from the discovery of the elk on Peterson’s property, and Bullock appealed.
Rule of Law
Issue
Holding and Reasoning (Trieweiler, J.)
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