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STATE v. ALBAUGH

No. 20060334.

732 N.W.2d 712 (2007)

2007 ND 86

STATE of North Dakota, Plaintiff and Appellee v. Ronald Gene ALBAUGH, Defendant and Appellant.

Supreme Court of North Dakota.

June 7, 2007.

Attorney(s) appearing for the Case

Tracy Jo Peters, Assistant State's Attorney, Fargo, ND, for plaintiff and appellee.

William Kirschner, Fargo, ND, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Ronald Albaugh appeals from a judgment entered upon a N.D.R.Crim.P. 11 conditional plea agreement, which reserved the right to appeal the court's denial of his motion to suppress evidence. Concluding the officer was engaged in a valid community caretaking encounter when he entered the premises and was acting upon the express consent of the defendant when he discovered the illegal contraband...

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