State v. Fields

NEUMANN, Justice.

[¶ 1] The State appealed from the trial court’s grant of Christopher Fields’ motion to suppress evidence related to a search of his home on May 15, 2003. We hold the nighttime search violated N.D.R.Crim.P. 41(c)(1), and affirm the order suppressing the evidence obtained as a result of the illegal search.

I

[¶ 2] On May 13, 2003, Officer Eisen-mann testified at a hearing in support of a warrant to search Fields’ home. Eisen-mann testified that during a garbage search law enforcement discovered five corner baggies with white residue powder, one of which tested positive for…