CITY OF FARGO v. LEE

Criminal Nos. 970299-970306.

580 N.W.2d 580 (1998)

1998 ND 126

CITY OF FARGO, Plaintiff and Appellant, v. Christopher David LEE, Mark Richard Richter, Zachary Ryan Stensland, Thoralf Thomas Thompson, Jeffrey Paul Trudeau, Jeremy Lee Schlumpberger, Marcus Bryan Boog, Jared John Grunig, Defendants and Appellees.

Supreme Court of North Dakota.

June 30, 1998.


Attorney(s) appearing for the Case

Thomas J. Gaughan, and Stacey Tjon Aasland, Fargo, City Prosecutors, for plaintiff and appellant.

Bruce D. Quick of Vogel, Kelly, Knutson, Weir, Bye & Hunke, Fargo, for defendants and appellees; argued by Alana DeKrey, a third-year law student.


NEUMANN, Justice.

[¶ 1] The City of Fargo appeals from an order of the Cass County district court, granting a motion for suppression of evidence. We affirm.

[¶ 2] On April 13, 1997, at approximately 4:20 a.m., police officers responded to a complaint of a loud party taking place at the Alpha Tau Omega (ATO) fraternity house in Fargo. Police officers could hear the loud music from approximately one-half block away. As officers approached the ATO house...

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