State v. Herrick

NEUMANN, Justice.

[¶ 1] Curtis Herrick appeals the trial court’s judgment reinstating his criminal convictions on remand. We affirm, holding the exclusionary remedy allows law enforcement officers who acted in good faith on a no-knoek search warrant issued on a per se basis, prior to State v. Herrick, 1997 ND 155, 567 N.W.2d 336 [Herrick I], under N.D.C.C. § 19-03.1-32(3) to validly execute the warrant.

I

[¶ 2] On February 27, 1995, Officer LeRoy Gross of the Stutsman County Drug Task Force searched garbage in the alley behind Herrick’s home. Gross found a paper clip with marijuana residue, a…