State v. Dunn

NEUMANN, Justice.

[¶ 1] The State appealed from an order granting Patrick William Dunn’s motion to suppress evidence in his criminal prosecution for possession of marijuana and drug paraphernalia. We hold the police officer’s search of Dunn’s jacket violated Dunn’s Fourth Amendment rights against unreasonable search and seizure, and we affirm the order suppressing evidence obtained as a result of the illegal search.

I

[¶ 2] The facts in this case are stipulated and not in dispute. Fargo police officers were dispatched to a private residence in South Fargo on the evening of February 23, 2002 to…