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STATE v. KENNER

Criminal Nos. 960071 to 960073.

559 N.W.2d 538 (1997)

1997 ND 1

STATE of North Dakota, Plaintiff and Appellant, v. Lanny James KENNER, Defendant and Appellee. STATE of North Dakota, Plaintiff and Appellant, v. Shawn DESETH, Defendant and Appellee.

Supreme Court of North Dakota.

January 16, 1997.

Attorney(s) appearing for the Case

Lonnie W. Olson (argued), State's Attorney, Devils Lake, for Plaintiff and Appellant.

Scott R. Thompson (argued), of Thompson & Thompson, Devils Lake, for Defendant and Appellee Lanny Kenner.

Todd A. Schwarz (on brief), of Frith, Schwarz & Steffan, Devils Lake, for Defendant and Appellee Shawn Deseth.

OPINION

MARING, Justice.

[¶ 1] The State of North Dakota appeals from an order of dismissal and of suppression of evidence found as a result of a search of Shawn Deseth's car. The State questions the trial court's decision that the investigatory stop was not based on a reasonable and articulable suspicion. We remand to the trial court for further findings.

[¶ 2] On September 8, 1995, Sergeant Ted Rainesalo and Officer James Frank of the...

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