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STATE v. PHELPS

Cr. No. 692.

286 N.W.2d 472 (1979)

STATE of North Dakota, Plaintiff and Appellant, v. Michael PHELPS, Defendant and Appellee.

Supreme Court of North Dakota.

December 12, 1979.

Attorney(s) appearing for the Case

Thomas M. Tuntland, State's Atty., Mandan, for plaintiff and appellant.

C. J. Schauss, Mandan, for defendant and appellee.

SAND, Justice.

Michael Phelps was arrested pursuant to a warrant and charged with burglary and arson, a violation of §§ 12.1-22-02 and 12.1-21-01, North Dakota Century Code. Prior to trial, Phelps moved the district court to suppress evidence seized from him during a police detention prior to his arrest. The parties submitted briefs and an evidentiary hearing was held. The district court entered an order suppressing the evidence as unlawfully obtained and...

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