State of North Dakota, Plaintiff and Appellee v. Robert Kitchen, Defendant and Appellant; State of North Dakota…

Summary

The North Dakota Supreme Court affirmed the trial court's denial of the Kitchens' motion to suppress, holding that the enclosed entryway to their home did not afford a reasonable expectation of privacy under the Fourth Amendment. Accordingly, the officers' warrantless entry and subsequent observation of marijuana were not unlawful, and the seized evidence was admissible. Justice Meschke dissented, arguing that the entryway is part of the home and the intrusion was an unreasonable search requiring suppression.