State v. Kieper

MARING, Justice.

[¶ 1] Jarrett Kieper appeals from a criminal judgment entered upon his conditional guilty plea. We conclude the issuance of the search warrant was not supported by probable cause, and the district court erred in denying Kieper’s motion to suppress the evidence seized as a result of the illegal search. We reverse and remand for further proceedings.

I

[¶ 2] On July 12, 2006, law enforcement applied for a search warrant for Kieper’s residence from a district court judge, and Special Agent Ben Leingang of the North Dakota Bureau of Criminal Investigations testified in support of the…