STATE v. KOTTENBROCH

Cr. No. 808.

319 N.W.2d 465 (1982)

STATE of North Dakota, Plaintiff and Appellee, v. Gerard W. KOTTENBROCH, Defendant and Appellant.

Supreme Court of North Dakota.

May 13, 1982.


Attorney(s) appearing for the Case

Rodney Feldner, Asst. States Atty., Mandan, for plaintiff and appellee.

Kelsch, Kelsch, Bennett, Ruff & Austin, Mandan, for defendant and appellant; argued by Arlen M. Ruff, Mandan.


ERICKSTAD, Chief Justice.

Gerard W. Kottenbroch appeals from a verdict of guilty of the crime of possession of a controlled substance (marijuana—less than one-half ounce), the order deferring imposition of judgment and sentence, and the order of the court denying suppression of the evidence introduced against him at trial. On appeal he argues that the arresting officer did not have probable cause to believe that a crime was being committed and thus the warrantless...

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