State v. Schmalz

CROTHERS, Justice,

concurring in the result.

[¶31] I agree with the majority that this case provides a “close call” whether evidence supporting the warrant was sufficient. However, the lack of evidence about the location of the garbage, about how the contraband was found within the garbage, and about the location of mail within the garbage failed to provide a nexus to the defendant and to provide probable cause to search his home. However, under the good-faith exception, suppression of evidence is not the appropriate remedy if law enforcement relies on an objectively reasonable search warrant. State v. Dodson, 2003 ND 187, ¶ 20, 671 N.W.2d 825. Here, law enforcement sought and obtained an objectively reasonable search warrant. The remaining disqualifying factors are not present. See Roth v. State, 2007 ND 112, ¶32, 735 N.W.2d 882. The officer’s good-faith reliance on the warrant is evident, and I would not suppress the seized evidence.

[¶ 32] DANIEL J. CROTHERS