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STATE v. LaMORIE

Criminal No. 960057.

558 N.W.2d 329 (1996)

STATE of North Dakota, Plaintiff and Appellant, v. Patricia LaMORIE, Defendant and Appellee.

Supreme Court of North Dakota.

December 20, 1996.

Attorney(s) appearing for the Case

Bruce A. Romanick (argued), Assistant State's Attorney, Bismarck, for plaintiff and appellant.

Wayne D. Goter (argued), of Wheeler Wolf, Bismarck, for defendant and appellee.

MESCHKE, Justice.

The State appeals from an order suppressing evidence. We reverse, holding that the court improperly considered evidence outside the record in deciding that a search warrant was invalid, and that the magistrate's determination of probable cause to search had a substantial basis.

On April 13, 1995, the post office and convenience store in Arena was burglarized and burned to the ground. Items stolen

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