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STATE v. ERBELE

Criminal No. 960102.

554 N.W.2d 448 (1996)

STATE of North Dakota, Plaintiff and Appellant, v. Brian Boyd ERBELE, Defendant and Appellee.

Supreme Court of North Dakota.

October 1, 1996.

Attorney(s) appearing for the Case

Terry W. Elhard, State's Attorney, Ashley, for plaintiff and appellant.

Robin L. Olson (argued), Olson Law Office, Grand Forks, and Brian W. Nelson (on brief), Nelson Law Office, Fargo, for defendant and appellee.

VANDE WALLE, Chief Justice.

This appeal is from the trial court's order suppressing evidence seized in the search of an automobile following the Defendant's arrest for Driving Under the Influence (DUI). The trial court suppressed the seizure of the Defendant's ignition keys. The State argues the suppression of this evidence was improper. We reverse and remand.

On November 3, 1995, Steve Spitzer, a McIntosh County resident, contacted State Radio reporting a...

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