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STATE v. FISCHER

Cr. Nos. 646, 647.

270 N.W.2d 345 (1978)

STATE of North Dakota, Plaintiff-Appellant, v. Jeanne FISCHER, Defendant-Appellee. STATE of North Dakota, Plaintiff-Appellant and Cross-Appellee, v. Susan FISCHER, Defendant-Appellee and Cross-Appellant.

Supreme Court of North Dakota.

September 29, 1978.

Attorney(s) appearing for the Case

Thomas M. Tuntland, Asst. State's Atty., Mandan, for plaintiff-appellant and cross-appellee.

Benjamin C. Pulkrabek, Mandan, for defendant-appellee Jeanne Fischer.

Baer, Asbridge & Robb, Bismarck, for defendant-appellee and cross-appellant Susan Fischer; submitted on brief, Darold A. Asbridge, Bismarck.

PAULSON, Justice.

The State has appealed to this court from the order suppressing evidence in these two related criminal actions by the Morton County District Court. The State contends that the district court erroneously suppressed certain evidence on the ground that it was seized pursuant to an illegally obtained search warrant in violation of the Fourth Amendment to the United States Constitution and § 18 of the North Dakota Constitution. We reverse.

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