State v. Gay - Calendar

10:45am Tuesday, March 4, 2008
20070348 State of North Dakota, Plaintiff and Appellant
v.
David Gay, Defendant and Appellee
Appeal from: Northwest Judicial District, Williams County, Judge Gerald H. Rustad
Nature of Action: Drugs/Contraband
Counsel:

Appellant: Nicole Ellan Foster , State's Attorney
Appellee: Faron Eugene Terry

Issues: Appellant's Statement of the Issues:
Whether the District Court erred in its ruling at the Suppression Hearing that reasonable and articulable suspicion did not exist to support the seizure of the Defendant.
Appellee's Statement of the Issues:
1.The prosecution has not properly preserved its right to appeal from the order of suppression.
2.The District Court did not error in its ruling that there was not reasonable and articulable suspicion for the seizure of Mr. Gay and that the seizure was not reasonable under the fourth (4th) amendment to the United States Constitution.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
Listen to recording of oral argument
using RealPlayer Basic,^© a free download.

Go to Docket

Generated from Supreme Court Docket on 03/31/2008