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State of North Dakota v. Scott Gregory Foss

IN THE SUPREME COURT STATE OF NORTH DAKOTA


December 21, 2010

STATE OF NORTH DAKOTA, PLAINTIFF AND APPELLEE
v.
SCOTT GREGORY FOSS, DEFENDANT AND APPELLANT

Appeal from the District Court of Mercer County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.

Per curiam.

N.D. Supreme CourtState v. Foss,

2010 ND 239

This opinion is subject to petition for rehearing. [Go to Documents][Download as WordPerfect]

AFFIRMED.

State v. Foss

No. 20100151

Per Curiam.

[¶1] Scott Gregory Foss appeals the district court's judgment entered after his conditional plea to the charges of possession of a controlled substance and unlawful possession of drug paraphernalia. Foss argues the criminal judgment should be vacated and the district court's denial of his motion to suppress should be reversed because law enforcement did not have probable cause for the arrest or for the search. We summarily affirm under N.D.R.App.P. 35.1(a)(3), concluding law enforcement had probable cause for the arrest and the search was a valid search incident to the arrest.

[¶2] Gerald W. VandeWalle, C.J. Daniel J. Crothers Mary Muehlen Maring Carol Ronning Kapsner Dale V. Sandstrom

20101221

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