State v. Nading

OTIS, Justice.

Defendant was found guilty by a district court jury of possession of burglary tools and burglary, and was sentenced by the trial court to a stayed 21-month prison term with the first six months of probation to be spent in jail. The court also ordered defendant to pay a $3,000 fine and to reimburse the county for his attorneys fees.

The issue on appeal is whether the arrest was illegal and requires that evidence seized thereafter be suppressed. We affirm.

On the evening of September 11, 1980, and early morning hours of September 12, 1980, Big Stone County law enforcement officers…