Montana Supreme Court May 13, 2003, 02-339 (State v. Ely)

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United States · · · 13-05-2003

*172JUSTICE COTTER

dissents.

¶14 At ¶ 10, the Court faults Ely’s counsel for failing to refer "... to Ely’s constitutional right to refuse consent to a warrantless search.” In my view, Ely’s counsel made reference to Ely’s constitutional rights, although not in the precise language the Court would like.

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