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STATE v. KITCHEN

Criminal Nos. 970085, 970086.

572 N.W.2d 106 (1997)

1997 ND 241

STATE of North Dakota, Plaintiff and Appellee, v. Robert KITCHEN, Defendant and Appellant. STATE of North Dakota, Plaintiff and Appellee, v. Becky FRIEZ, n/k/a Becky Kitchen, Defendant and Appellant.

Supreme Court of North Dakota.

As Modified January 20, 1998.

Rehearing Denied January 20, 1998.

Attorney(s) appearing for the Case

Thomas F. Murtha, of Murtha & Murtha, Dickinson, for defendants and appellants.

Tom M. Henning, Assistant State's Attorney, Dickinson, for plaintiff and appellee.

NEUMANN, Justice.

[¶ 1] Becky Lynn (Friez) Kitchen and Robert Kitchen appeal from the trial court's denial of their motion to suppress evidence. We affirm.

I

[¶ 2] On January 19, 1996, Officer Jason Dellwo of the Dickinson Police Department was attempting to locate one Perry Metcalf for service of an arrest warrant. Officer Dellwo checked two other homes in the neighborhood and, after being joined by Officer Jackie Martin, stopped at the...

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