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STATE v. BROCKEL

No. 20070139.

746 N.W.2d 423 (2008)

2008 ND 50

STATE of North Dakota, Plaintiff and Appellee v. Phillip BROCKEL, Defendant and Appellant.

Supreme Court of North Dakota.

March 20, 2008.

Attorney(s) appearing for the Case

Julie A. Lawyer (argued), Assistant State's Attorney, and Matthew Ramage-White (on brief), third-year law student, under the Rule on Limited Practice of Law by Law Students, Bismarck, N.D., for plaintiff and appellee.

Robert V. Bolinske, Jr., Bismarck, N.D., for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] Phillip Brockel appeals a criminal judgment entered after his conditional guilty plea to the charge of possession of drug paraphernalia, a class A misdemeanor, following the district court's denial of his motion to suppress evidence. We reverse and remand the district court judgment, concluding the court erred when it concluded, as a matter of law, it was permissible for an officer to conduct a pat-down search of Brockel before he was...

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