State v. Zacher

SANDSTROM, Justice.

[¶ 1] Brett Zacher appeals from a district court order denying his motion to suppress evidence and from a criminal judgment entered after his conditional guilty plea to the charge of possession of a controlled substance. We reverse, concluding the district court erred in relying on the plain view doctrine to justify the warrantless seizure of the plastic bag located in Zacher’s vehicle, and remand to allow Zacher to withdraw his guilty plea.

I

[¶ 2] On April 6, 2014, a Mandan police officer saw a vehicle fail to stop at a stop sign. He followed the vehicle, checked its…