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STATE v. SEGLEN

No. 20040094.

700 N.W.2d 702 (2005)

2005 ND 124

STATE of North Dakota, Plaintiff and Appellee v. Scott N. SEGLEN, Defendant and Appellant.

Supreme Court of North Dakota.

July 13, 2005.

Attorney(s) appearing for the Case

David T. Jones (argued), Assistant State's Attorney, Thomas H. Falck, Jr. (on brief), Assistant State's Attorney, and Kelly D. Crammer (appeared), appearing under the Rule on the Limited Practice of Law by Law Students, Grand Forks, ND, for plaintiff and appellee.

Larry J. Richards, Grand Forks, ND, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Scott Seglen appealed a criminal judgment based on his conditional guilty plea entered after the district court's denial of his motion to suppress evidence in his minor-in-possession case. He argues the evidence was obtained during an unconstitutional search and seizure. We find the pat-down search by a University of North Dakota police officer was unconstitutional. We reverse and remand to allow Seglen an opportunity to withdraw his guilty...

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