State v. Thieling

KAPSNER, Justice.

[¶ 1] Kathy Thieling appeals from a district court order denying her motion to suppress evidence. We conclude the magistrate judge did not have a substantial basis to determine there was probable cause to believe drugs or contraband would be found in Thieling’s home. We thus hold the district court erred in denying Thieling’s motion to suppress evidence resulting from the illegal search. We reverse and remand.

I

[¶ 2] In September 1999, a special agent for the North Dakota Bureau of Criminal Investigations applied to a magistrate judge for a warrant to search the home of Kathy…