BILLINGS, Mont. (AP) — State attorneys will try to convince the Montana Supreme Court that an undercover officer was justified in busting two Havre medical marijuana providers with the help of a marijuana card obtained with a false name and driver's license.
A state judge last year dismissed the case against sisters Delaine and Malisa Fitzpatrick, saying the investigation constituted outrageous government conduct.
District Judge Julie Macek ruled that undercover officers are not allowed to break laws a citizen would be charged with, such as unlawful use of a license or identification card.
State attorneys are appealing, saying the agent had to obtain the necessary props for the investigation and that he used them for legitimate law enforcement purposes.
Oral arguments before the Supreme Court are scheduled for Friday in Billings.