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STATE v. FITCH

No. S-97-612.

582 N.W.2d 342 (1998)

255 Neb. 108

STATE of Nebraska, Appellee, v. Patrick R. FITCH, Appellant.

Supreme Court of Nebraska.

July 24, 1998.

Attorney(s) appearing for the Case

Adam J. Sipple, of Quinn & Wright, Omaha, for appellant.

Don Stenberg, Attorney General, and Mark D. Raffety, Lincoln, for appellee.

WHITE, C.J., CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

GERRARD, Justice.

Patrick R. Fitch was charged by information with unlawful possession of a controlled substance (marijuana) with intent to deliver, in violation of Neb.Rev.Stat. § 28-416 (Reissue 1995). Fitch filed a motion to suppress evidence of a controlled substance as well as paraphernalia and records associated with the substance's use seized by the police during a nighttime search of the house where he resided. The trial court overruled Fitch's motion...

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