State v. Rode

LEVINE, Justice.

The State appeals from a trial court order suppressing evidence seized without a warrant. We reverse and remand.

Pursuant to company policy regarding undeliverable packages, an employee of United Parcel Service opened a package addressed to defendant Mark Rode and discovered a “suspicious” white substance inside. UPS called special agent Jim Lob-singer of the North Dakota Crime Bureau who examined the contents of the package which UPS laid out before him. Lobsinger, who was “fairly certain” the substance was cocaine, a controlled substance, then seized the contents. Taking the…