State v. Kottenbroch

ERICKSTAD, Chief Justice.

Gerard W. Kottenbroch appeals from a verdict of guilty of the crime of possession of a controlled substance (marijuana — less than one-half ounce), the order deferring imposition of judgment and sentence, and the order of the court denying suppression of the evidence introduced against him at trial. On appeal he argues that the arresting officer did not have probable cause to believe that a crime was being committed and thus the warrantless search of his motor vehicle violated his Fourth Amendment rights. Secondly, he argues that Section 29-07-01.1 of the North Dakota…