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STATE v. SCHMITZ

Cri. Nos. 900356, 900357.

474 N.W.2d 249 (1991)

STATE of North Dakota, Plaintiff and Appellee, v. James R. SCHMITZ, Defendant and Appellant.

Supreme Court of North Dakota.

July 31, 1991.

Attorney(s) appearing for the Case

Peter H. Furuseth (argued), State's Atty., Williston, for plaintiff and appellee.

Brad L. Arndorfer (argued), Billings, Mont., for defendant and appellant.

MESCHKE, Justice.

Challenging the constitutionality of separate searches, James Schmitz appealed from convictions for theft of four implement tires and for theft of a three-point hitch. We affirm the conviction for theft of the tires, but reverse the conviction for theft of the hitch.

On June 28, 1989, detective Stancel of the Williams County Sheriff's Department questioned Schmitz about gates that had been stolen from an auction sale. While on...

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