State v. Adams

[¶ 21] I respectfully dissent.

[¶ 22] We recognized the potential for abuse by an officer with the authority to search pursuant to probation conditions in State v. Krous, 2004 ND 136, ¶ 21, 681 N.W.2d 822. We stated, “[a]ny search conducted under a condition of probation must be conducted in a reasonable manner. U.S. Const. Amend. IV. The terms of the condition do not authorize searches conducted in an unreasonable manner.” Id. The safe in this case was destroyed and is now unusable, yet the majority holds this manner of search was reasonable. I disagree.

[¶ 23] The majority cites State v.…