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STATE v. THOMPSON

Cr. Nos. 1045-46, 1051-52.

369 N.W.2d 363 (1985)

STATE of North Dakota, Plaintiff and Appellant, v. Randy THOMPSON and Jackie Thompson, Defendants and Appellees. STATE of North Dakota, Plaintiff and Appellee, v. Randy and Jackie THOMPSON, Defendants and Appellants.

Supreme Court of North Dakota.

June 10, 1985.

Attorney(s) appearing for the Case

Alan Duppler, States Atty., Stanton, for plaintiff and appellant.

Chapman & Chapman, Bismarck, for defendants and appellees; argued by Daniel J. Chapman, Bismarck.

ERICKSTAD, Chief Justice.

Our task in these appeals is to ascertain the validity of a search warrant issued by a county magistrate on the basis of the sworn affidavit of a law enforcement officer acting on an anonymous informant's tip. We hold that, under the circumstances of this case, the search warrant should not have been issued because the officer's affidavit did not provide a substantial basis to support the magistrate's finding of probable cause, and, further...

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