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STATE v. GILBERTS

Cr. No. 920207.

497 N.W.2d 93 (1993)

STATE of North Dakota, Plaintiff and Appellee, v. Craig A. GILBERTS, Defendant and Appellant.

Supreme Court of North Dakota.

February 23, 1993.

Attorney(s) appearing for the Case

Robert Allan Freed (argued), Asst. State's Atty., Jamestown, for plaintiff and appellee.

Paulson and Merrick, Jamestown, for defendant and appellant, argued by Thomas E. Merrick.

MESCHKE, Justice.

Craig Gilberts appeals from his conviction for unlawful possession of cocaine. Gilberts entered a conditional guilty plea under NDRCrimP 11(a)(2), reserving the right to appeal from the trial court's denial of his motion to suppress evidence. We hold that the officer's search of Gilberts's jacket violated Gilberts's Fourth Amendment rights against unreasonable search and seizure, and that the trial court erred in refusing to suppress the evidence...

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