Notes of Decisions
City of Missoula v. J. Williams, 2017 MT 282 (Mont. 2017).
· cites it 71× “made under oath or affirmation, that: (1) states facts sufficient to support probable cause to believe that an offense has been committed; (2) states facts sufficient to support probable cause to believe that evidence, contraband, or persons connected with the offense may be…”
State v. Marks, 2002 MT 255 (Mont. 2002).
· cites it 49× “DISCUSSION ¶ 11 Whether the District Court erred in determining there was sufficient probable cause to support the issuance of a search warrant? ¶ 12 The Markses argue that the application for search warrant prepared by Detective Richardson does not meet the requirements of §…”
State v. Graham, 2004 MT 385 (Mont. 2004).
· cites it 20× “A warrant is valid if the application made in support thereof states facts sufficient to show probable cause in accordance with the requirements of § 46-5-221, MCA. Marks , ¶ 14. Section 46-5-221, MCA, provides: Grounds for search warrant.”
State v. Neiss, 443 P.3d 435 (Mont. 2019).
· cites it 15× “Section 46-5-221, MCA ; Wilson , 266 Mont.”
State v. Griggs, 2001 MT 211 (Mont. 2001).
· cites it 12× “See § 46-5-221, MCA (emphasis added). ¶ 28 Thus, it would seem obvious that law enforcement corroboration of an anonymous informant's "tip" must independently test not only the veracity of the informant's account itselfwhich may include verification of such innocent details as…”
State v. Siegal, 934 P.2d 176 (Mont. 1997).
· cites it 6× “Since we have already determined that the use of a thermal imager constitutes a search for Fourth Amendment purposes and since no warrant was obtained in this case prior to using the thermal imager, we will excise the results of the thermal imaging scan from the search warrant…”
Dorwart v. Caraway, 1998 MT 191 (Mont. 1998).
· cites it 8× “IV; § 46-5-221, MCA. ¶51 Here, it is true that the writs of execution were signed by the Stillwater County Justice of the Peace.”
State v. Robertson, 440 P.3d 17 (Mont. 2019).
· cites it 7× “" A judge shall not issue a search warrant unless the search warrant application: (1) states facts sufficient to support probable cause to believe that an offense has been committed; (2) states facts sufficient to support probable cause to believe that evidence, contraband, or…”
Missouri v. McNeely, 569 U.S. 141 (2013).
“3:5-3(b) (2013); N.M. Rules Crim. Proc. 5-211(F)(3), (G)(3) (Supp.”
State v. Kuneff, 1998 MT 287 (Mont. 1998).
· cites it 4× “To the extent that Siegal and our previous decisions suggest that great deference be paid to a magistrate's determination of probable cause even after information has been excised from an application for search warrant, we overrule the use of that standard of review in such…”
State v. Reesman, 2000 MT 243 (Mont. 2000).
· cites it 4× “The State contends that, taken as a whole, the combination of this information is sufficient standing alone to establish probable cause for the search warrant under the totality of the circumstances test.”
State v. St. Marks, 2002 MT 285 (Mont. 2002).
· cites it 4× “We take this opportunity to clarify that, pursuant to § 46-5-221, MCA, a reviewing court must ensure that a search warrant application provided sufficient probable cause to support the belief that an offense had been committed and that evidence, contraband, or persons connected…”
— Mont. Code Ann. § 46-5-221(1) — 4 cases
State v. Marks, 2002 MT 255 (Mont. 2002).
“DISCUSSION ¶ 11 Whether the District Court erred in determining there was sufficient probable cause to support the issuance of a search warrant? ¶ 12 The Markses argue that the application for search warrant prepared by Detective Richardson does not meet the requirements of §…”
— Mont. Code Ann. § 46-5-221(2) — 2 cases
State v. Marks, 2002 MT 255 (Mont. 2002).
“DISCUSSION ¶ 11 Whether the District Court erred in determining there was sufficient probable cause to support the issuance of a search warrant? ¶ 12 The Markses argue that the application for search warrant prepared by Detective Richardson does not meet the requirements of §…”
State v. Neiss, 443 P.3d 435 (Mont. 2019).
“Section 46-5-221, MCA ; Wilson , 266 Mont.”
— Mont. Code Ann. § 46-5-221(3) — 2 cases
State v. Graham, 2004 MT 385 (Mont. 2004).
“A warrant is valid if the application made in support thereof states facts sufficient to show probable cause in accordance with the requirements of § 46-5-221, MCA. Marks , ¶ 14. Section 46-5-221, MCA, provides: Grounds for search warrant.”
State v. Marks, 2002 MT 255 (Mont. 2002).
“DISCUSSION ¶ 11 Whether the District Court erred in determining there was sufficient probable cause to support the issuance of a search warrant? ¶ 12 The Markses argue that the application for search warrant prepared by Detective Richardson does not meet the requirements of §…”
— Mont. Code Ann. § 46-5-221(4) — 6 cases
State v. Neiss, 443 P.3d 435 (Mont. 2019).
“Section 46-5-221, MCA ; Wilson , 266 Mont.”
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