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STATE v. BLUMLER

Cr. Nos. 890326, 890327.

458 N.W.2d 300 (1990)

STATE of North Dakota, Plaintiff and Appellant, v. Eugene Richard BLUMLER, Defendant and Appellee.

Supreme Court of North Dakota.

July 3, 1990.

Attorney(s) appearing for the Case

Robin Huseby, Asst. State's Atty., Valley City, for plaintiff and appellant.

James A. Wright and Robert W. Martin (argued) of Weiss, Wright, Paulson & Merrick, Jamestown, for defendant and appellee.

VANDE WALLE, Justice.

The State of North Dakota appealed from an order of the district court which granted Eugene Richard Blumler's motion to suppress evidence seized from his home pursuant to a search warrant. Because we conclude that the warrant was issued as the result of an illegal search and was therefore invalid, we affirm the order suppressing the evidence seized pursuant to the invalid warrant.

In April of 1989, the unoccupied rural home of Gerald...

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