State v. Sakellson

LEVINE, Justice.

In this appeal by the State from a suppression order the issue presented is whether the failure of law enforcement officers to announce their presence and mission prior to entering through an open door to a house constitutes a “breaking” under North Dakota Century Code § 29-29-08 requiring suppression of the evidence seized in the subsequent search. We hold that it does and affirm the order suppressing the evidence seized during the search of defendants’ residence.

1. FACTS

On June 15, 1984 agents of the North Dakota Drug Enforcement Unit received information from an informant…