State v. Zeller

VANDE WALLE, Chief Justice.

[¶ 1] Todd Zeller appealed from a judgment of conviction after he conditionally pled guilty to possession of methamphetamine with intent to manufacture or deliver and possession of marijuana with intent to manufacture or deliver. We hold the search warrant’s provision providing for a nighttime search was not supported by probable cause. We reverse the judgment and remand for entry of an order granting Zeller’s motion to suppress and to allow Zeller to withdraw his guilty pleas.

I

[¶ 2] In the early morning hours of November 17, 2012, Detective Witte of the Fargo…