Montana Law Week

The Weekly Digest of Montana Law

Medical marijuana possession, appropriations rider

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MEDICAL MARIJUANA provider properly charged with federal possession with intent to distribute notwithstanding appropriations rider because he was not in strict compliance with state law requiring a landlord permission form… probable cause for search warrant based on informant’s statements corroborated with power records… Christensen affirmed (memorandum). [Read more…]

Search & seizure, entry of screened patio porch

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SEARCH & SEIZURE: Officer with anticipatory search warrant did not violate 4th Amendment by entering screened patio porch to deliver package which Defendant accepted without “re-entering” residence with the package. . . felon in possession of firearms conviction affirmed, but sex offender conditions of release improperly imposed. . . Watters affirmed, reversed (unpublished). [Read more…]

Drugs, prolonged speeding stop

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DRUGS: Prolonged speeding stop supported by reasonable suspicion of criminal activity, motion to suppress properly denied… gun in locked suitcase in trunk not “accessible” for purposes of sentencing enhancement although in “proximity” to drugs… Watters affirmed, reversed (unpublished). [Read more…]