STATE v. DECOTEAU

No. 980265.

592 N.W.2d 579 (1999)

1999 ND 77

STATE of North Dakota, Plaintiff and Appellee, v. Randy E. DeCOTEAU, Defendant and Appellant.

Supreme Court of North Dakota.

April 27, 1999.


Attorney(s) appearing for the Case

Ladd R. Erickson, Assistant State's Attorney, Mandan, N.D., for plaintiff and appellee.

Chad R. McCabe, Vinje Law Firm, Bismarck, N.D., for defendant and appellant.


SANDSTROM, Justice.

[¶ 1] Randy DeCoteau appeals from his criminal judgment for possession of marijuana and possession of drug paraphernalia. DeCoteau entered a conditional plea of guilty with right to appeal the denial of his motion to suppress evidence seized as a result of entry into his home. Because the entry by officers into DeCoteau's home violated the Fourth Amendment, the evidence should have been suppressed, and we reverse.

I

[¶...

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