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STATE v. HUETHER

Cr. No. 890261.

453 N.W.2d 778 (1990)

STATE of North Dakota, Plaintiff and Appellant, v. David L. HUETHER, Defendant and Appellee.

Supreme Court of North Dakota.

March 27, 1990.

Attorney(s) appearing for the Case

Phyllis Ann Ratcliffe, State's Atty., Carson, for plaintiff and appellant.

Vinje Law Firm, Bismarck, for defendant and appellee; argued by Ralph A. Vinje.

LEVINE, Justice.

The State appeals from an order suppressing evidence obtained in a warrantless search of David Huether's pickup truck. We affirm.

Rick Michels, a state highway patrol officer, stopped Huether for speeding. Michels detected the odor of alcohol on Huether's breath and asked if he had been drinking. Huether admitted to drinking and volunteered that there was an unopened six-pack of beer in his truck. Michels suspected an open container and obtained...

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