STATE v. KIEPER

No. 20070100.

747 N.W.2d 497 (2008)

2008 ND 65

STATE of North Dakota, Plaintiff and Appellee v. Jarrett Alynn KIEPER, Defendant and Appellant.

Supreme Court of North Dakota.

April 17, 2008.


Attorney(s) appearing for the Case

Julie Ann Lawyer (on brief), Assistant State's Attorney, and Matthew Ramage-White (on brief), third-year law student, Bismarck, N.D., for plaintiff and appellee.

Michael Ray Hoffman, Bismarck, N.D., for defendant and appellant.


MARING, Justice.

[¶ 1] Jarrett Kieper appeals from a criminal judgment entered upon his conditional guilty plea. We conclude the issuance of the search warrant was not supported by probable cause, and the district court erred in denying Kieper's motion to suppress the evidence seized as a result of the illegal search. We reverse and remand for further proceedings.

I

[¶ 2] On July 12, 2006, law enforcement applied for a search warrant for...

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