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STATE v. MATTHEWS

Cr. No. 450.

216 N.W.2d 90 (1974)

STATE of North Dakota, Plaintiff and Appellee, v. David MATTHEWS, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied March 27, 1974.

Attorney(s) appearing for the Case

Charles J. Gilje, State's Atty., Jamestown, for plaintiff and appellee State of North Dakota.

Benny A. Graff, Carrington, for defendant and appellant.

VOGEL, Judge.

The defendant was convicted of the crime of possession of marijuana, and asserts that his conviction was based upon a violation of the search-and-seizure provisions of the Fourth Amendment of the United States Constitution, which provides:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause...

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