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STATE v. RODE

Cr. No. 890337.

456 N.W.2d 769 (1990)

STATE of North Dakota, Plaintiff and Appellant, v. Mark RODE, Defendant and Appellee.

Supreme Court of North Dakota.

June 1, 1990.

Attorney(s) appearing for the Case

Wendy P. Schulz, State's Atty., Jamestown, for plaintiff and appellant.

William A. Mackenzie, of the firm of Mackenzie, Jungroth, Mackenzie & Reisnour, Jamestown, for defendant and appellee.

LEVINE, Justice.

The State appeals from a trial court order suppressing evidence seized without a warrant. We reverse and remand.

Pursuant to company policy regarding undeliverable packages, an employee of United Parcel Service opened a package addressed to defendant Mark Rode and discovered a "suspicious" white substance inside. UPS called special agent Jim Lobsinger of the North Dakota Crime Bureau who examined the contents of the package which UPS laid...

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