State v. Blumler

VANDE WALLE, Justice.

The State of North Dakota appealed from an order of the district court which granted Eugene Richard Blunder's motion to suppress evidence seized from his home pursuant to a search warrant. Because we conclude that the warrant was issued as the result of an illegal search and was therefore invalid, we affirm the order suppressing the evidence seized pursuant to the invalid warrant.

In April of 1989, the unoccupied rural home of Gerald and Marsha Offner was burglarized. A green and white, old-fashioned cookstove and several barstools were taken from the home. The Offners…