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STATE v. BERGER

No. 20030322.

683 N.W.2d 897 (2004)

2004 ND 151

STATE of North Dakota, Plaintiff and Appellee v. Lance Joseph BERGER, Defendant and Appellant.

Supreme Court of North Dakota.

July 22, 2004.

Attorney(s) appearing for the Case

Brian David Grosinger, Assistant State's Attorney, Mandan, N.D., for plaintiff and appellee.

Ralph A. Vinje, Vinje Law Firm, Bismarck, N.D., for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Lance Berger appealed from an order deferring imposition of sentence upon a jury verdict finding him guilty of possession of drug paraphernalia. We affirm, concluding the officer had probable cause to arrest Berger and the subsequent search incident to arrest was valid.

I

[¶ 2] On the evening of November 30, 2002, Officer Vanderhoef of the Mandan Police Department was following a van driven by Lance Berger...

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