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STATE v. JOHNSON

Crim. No. 940293.

531 N.W.2d 275 (1995)

STATE of North Dakota, Plaintiff and Appellee, v. Robert J. JOHNSON, Defendant and Appellant.

Supreme Court of North Dakota.

May 6, 1995.

Attorney(s) appearing for the Case

Thomas M. Tuntland, Mandan, for defendant and appellant.

Walter Mathias Lipp, State's Atty., McClusky, for plaintiff and appellee; submitted on briefs.

LEVINE, Justice.

Robert J. Johnson appeals from a judgment of conviction for possession of a controlled substance in violation of NDCC § 19-03.1-23(6). Relying upon the Fourth Amendment to the United States Constitution, Johnson contends the county court should have suppressed evidence of marijuana seeds seized from his home because: (1) the search warrant was based on stale probable cause; (2) the investigating officer withheld relevant and exculpatory evidence...

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