WELLS, Judge.
In her second assignment of error defendant contends the court erred in denying her motion to suppress the state's exhibit number one, a J.C. Higgins .22 semi-automatic rifle, on the grounds that the gun was obtained as a result of an illegal search and seizure. We agree and grant defendant a new trial.
On 20 April 1983, defendant filed a motion to suppress alleging, inter alia:
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