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STATE v. LUNDE

No. 20070159.

752 N.W.2d 630 (2008)

2008 ND 142

STATE of North Dakota, Plaintiff and Appellee v. Marcus Steven LUNDE, Defendant and Appellant.

Supreme Court of North Dakota.

July 21, 2008.

Attorney(s) appearing for the Case

Gary E. Euren, Assistant State's Attorney, Fargo, ND, for plaintiff and appellee.

Lorelle A. Moeckel (argued) and Steven M. Light (on brief), Larivee & Light, Fargo, ND, for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Marcus Lunde appealed from a criminal judgment entered upon his conditional guilty plea to possession of marijuana with intent to deliver, possession of a controlled substance, and two counts of possession of drug paraphernalia. Because we conclude the district court erred in applying the good faith exception to the exclusionary rule, we reverse and remand to allow Lunde to withdraw his guilty plea.

I

[¶...

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