State v. Lunde

VANDÉ 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

[¶ 2] In August 2006, Officer Jason Hicks of the West Fargo Police Department applied for a search warrant for Lunde’s apartment in West Fargo. In support of the…