STATE v. STOCKERT

Crim. No. 547.

245 N.W.2d 266 (1976)

STATE of North Dakota, Plaintiff and Appellee, v. Leon STOCKERT, Defendant and Appellant.

Supreme Court of North Dakota.

August 24, 1976.


Attorney(s) appearing for the Case

Albert J. Hardy, State's Atty., and Donald L. Jorgensen, Asst. State's Atty., Dickinson, for plaintiff and appellee State of North Dakota.

Freed, Dynes, Malloy & Reichert, Ronald A. Reichert, Dickinson, for defendant and appellant.


VOGEL, Justice.

The issue raised in this case is whether Section 18 of the North Dakota Constitution and the Fourth and Fourteenth Amendments to the United States Constitution permit the search, without a warrant, of the glove compartment of an unoccupied automobile stuck in a snowbank on private property, and the seizure, without a warrant, of the contents of the glove compartment. We hold that the search and seizure were unreasonable, and reverse and remand for...

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