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Court says Bismarck police should have had warrant

North Dakota Supreme Court
North Dakota Supreme Court

FARGO, N.D. (AP) -- The North Dakota Supreme Court has ruled on its second warrantless search case in a month, and this one went against police.

The court says in a case entitled State vs. Hart that authorities were wrong to enter a Bismarck home in August 2012 without a warrant in a search that resulted in drug arrests.

The opinion says officers should not have relied on evidence seized from a different residence when the only connection between the two houses was the fact that one of the suspects was previously at the first residence searched.

The case has been sent back to district court for further proceedings.

Three weeks ago the court ruled in favor of police in Fargo who used a drug-sniffing dog to conduct a warrantless sweep of an apartment.

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