BOZEMAN — Prosecutors say evidence from warrantless searches in the case of a man accused of shooting a Three Forks woman and burning her body in a barrel should be allowed at trial.
Prosecutors said Tuesday that the searches conducted in and around a home once rented by Jay Myran, 38, were legal.
That’s because he and his son had moved out before they were conducted and had no expectation of privacy.
Myran’s attorneys want all the evidence tossed, including charred bone and tissue samples.
They say the searches were illegal because Myran’s lease included a 30-day-notice clause and he had left a vehicle on the property.
Prosecutor Marty Lambert said the evidence was found during a search for Gayle Brewster, 53, who had been missing since May 12.
Her remains were in a barrel outside the home near Three Forks.
Myran is charged with murder and evidence tampering, while his 15-year-old son faces the latter charge for allegedly helping lift the body into the barrel and for keeping the fire going.