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STATE v. RIEDINGER

Cr. Nos. 1047, 1048.

374 N.W.2d 866 (1985)

The STATE of North Dakota, Plaintiff and Appellant, v. Robert RIEDINGER, Defendant and Appellee. The STATE of North Dakota, Plaintiff and Appellant, v. Eugene FRANK, Defendant and Appellee.

Supreme Court of North Dakota.

October 1, 1985.

Attorney(s) appearing for the Case

Richard L. Schnell, State's Atty., Mandan, for plaintiff and appellant; argued by Richard L. Schnell.

Ken R. Sorenson, Bismarck, for defendant and appellee Riedinger; argued by Ken R. Sorenson.

Pulkrabek & Tuntland, Mandan, for defendant and appellee Frank; argued by Terrence McGannon, Senior Law Student, University of North Dakota Law School; appearance by Thomas M. Tuntland.

MESCHKE, Justice.

We consider whether a stolen microwave oven, identified by serial number during the course of a valid search for drugs and money, should be suppressed as not properly seized under the "plain view" exception to the Warrant Clause of the Constitution. We also consider whether stolen goods and related evidence seized pursuant to second and third search warrants should be suppressed because those warrants stemmed from the discovery and seizure of the...

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