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STATE v. OVERBY

Nos. 980227, 980228.

590 N.W.2d 703 (1999)

1999 ND 47

STATE of North Dakota, Plaintiff and Appellee, v. Dale Garry OVERBY, Defendant and Appellant.

Supreme Court of North Dakota.

March 18, 1999.

Attorney(s) appearing for the Case

Lawrence P. Kropp, of Kropp Law Office, Jamestown, N.D., for defendant and appellant.

Frederick R. Fremgen, Assistant State's Attorney, Jamestown, N.D., for plaintiff and appellee.

MARING, Justice.

[¶ 1] Dale Overby appeals the judgments of conviction entered June 23, 1998, contending the district court erred when it denied his motion to suppress evidence obtained during a search of his person following a routine traffic stop. We affirm, holding the search was reasonable under the Fourth Amendment as a search incident to arrest.

I

[¶ 2] Just after midnight on December 17, 1997, Officer Thomas Nagel of the Jamestown...

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