STATE v. ZEARLEY

Cr. No. 880322.

444 N.W.2d 353 (1989)

STATE of North Dakota, Plaintiff and Appellant, v. Jeffrey ZEARLEY, Defendant and Appellee.

Supreme Court of North Dakota.

July 18, 1989.


Attorney(s) appearing for the Case

Brian David Grosinger (argued), Asst. State's Atty., Mandan, for plaintiff and appellant.

Feldner & Danielson, Mandan, for defendant and appellee; argued by Rodney K. Feldner.


MESCHKE, Justice.

The State appealed from an order suppressing evidence of possession of a controlled substance. The evidence was discovered during a patdown and pocket search of a guest in a home being lawfully searched for drugs pursuant to a no-knock warrant. We reverse and remand for reconsideration.

Drug Enforcement agent Maixner and a team of Mandan police officers searched the Metzner home for drugs and related items. The no-knock search warrant did...

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