State v. Johnson

LEVINE, Justice.

Robert J. Johnson appeals from a judgment of conviction for possession of a controlled substance in violation of NDCC § 19-03.1-23(6). Relying upon the Fourth Amendment to the United States Constitution, Johnson contends the county court should have suppressed evidence of marijuana seeds seized from his home because: (1) the search warrant was based on stale probable cause; (2) the investigating officer withheld relevant and exculpatory evidence from the magistrate; and (3) the officers committed a Miranda violation. We affirm.

Sometime prior to January 1994, the South…