State v. McCabe

PAULSON, Justice.

This is an appeal from an order suppressing evidence dated July 7, 1981, of the Burleigh County Court of Increased Jurisdiction. We reverse.

Daniel J. McCabe, Jayta Christopher, and a Mr. Rainwater on June 19, 1981, had dinner at the Holiday Inn restaurant in Bismarck, North Dakota. The hostess, Jean Dunn, observed McCabe and his two companions and noted that they were talking loudly and using obscene language. Ms. Dunn was working as the cashier when McCabe presented a Mastercharge credit card issued to Kenneth Eby in payment of the bill for the three dinners, which totaled…