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STATE v. GAY

No. 20070348.

748 N.W.2d 408 (2008)

2008 ND 84

STATE of North Dakota, Plaintiff and Appellant v. David GAY, Defendant and Appellee.

Supreme Court of North Dakota.

May 15, 2008.

Attorney(s) appearing for the Case

Nicole E. Foster (argued), State's Attorney, Williston, ND, for plaintiff and appellant.

Faron E. Terry (argued), Minot, ND, for defendant and appellee.

KAPSNER, Justice.

[¶ 1] The State of North Dakota ("State") appeals a district court order granting a motion to suppress evidence against defendant, David Gay. We affirm the order of the district court.

I

[¶ 2] On May 3, 2007, the Northwest Narcotics Task Force received a tip claiming that a probationer, Ben Smith, would be selling drugs in Williston, North Dakota. The tip claimed Smith planned to meet with an unknown male driving a black...

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