State v. Oliver
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| 20060082 |
State of North Dakota, Plaintiff and Appellee
v.
Kenneth Wayne Oliver, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Lawrence E. Jahnke |
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Nature of Action: |
Drugs/Contraband
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| Counsel: |
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| Term: |
10/2006 Argument: 10/05/2006 09:00am
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| ND cite: |
2006 ND 241
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| NW cite: |
724 N.W.2d 114
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. Whether reasonable and articulable suspicion to stop a vehicle for investigative purposes arises from an anonymous tip that is unverified and all that is observed when surveillance is established is everyday activity that is expected at the
business where the alleged suspicious activity took place?
II. Whether an officer can ask another officer to find probable cause to stop a vehicle so that the driver may be identified when there is no reasonable and articulable suspicion that a crime has been committed or is currently being committed?
III. Whether an officer can stop a vehicle for a violation of registration when a temporary registration notary sticker is present but is faded?
Appellee's Statement of the Issues:
1. Whether the trial court's dismissal of the defendant's Motion to Suppress and Dismiss was proper?
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| 1 | | 03/24/2006 | |
NOTICE OF APPEAL: 03/22/2006 |
| 2 | | 03/24/2006 | |
THIS CASE IS CONSOLIDATED W/20060083, 20060084 & 20060085 MAKE ALL ENTRIES EXCEPT EXCEPT DIS & MAN |
| 3 | | 03/24/2006 | |
IN THIS CASE |
| 4 | | 04/24/2006 | |
TRANSCRIPT DATED 10-28-05 |
| 5 | | 04/25/2006 | |
DISK - (TRA 10-28-05) |
| 6 | | 04/24/2006 | |
RECORD ON APPEAL & original Trans. dated 8-22-05 (NOT REC'D: Nos. 4,6,&9--Digial Recordings; |
| 7 | | 04/24/2006 | |
11,21,24,25,&29--Steno notes; and #35--Notice of Filing Mailed to S.C., S.A., & Kenneth Oliver) |
| 8 | | 04/26/2006 | |
Supplemental Clerk's Certificate dated 4-25-06 (Entry Nos. 40 & 41) |
| 9 | | 05/18/2006 | |
2nd Supplemental Clerk's Certificate dated 5-16-06 (Entry Nos. 42-44) |
| 10 | | 05/23/2006 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 11 | | 05/23/2006 | |
NO ACTION TAKEN (ATB) |
| 12 | | 05/26/2006 | |
3rd Supplemental Clerk's Certificated dtd 5-24-06 (Entry Nos. 45-47) |
| 13 | | 06/02/2006 | |
APPELLANT BRIEF |
| 14 | | 06/02/2006 | |
APPELLANT APPENDIX |
| 15 | | 06/12/2006 | |
DISK - ATB (e-mailed) |
| 16 | | 06/13/2006 | |
Rec'd corrected TOA & pages for ATB and docket sheets & jdgs for ATA |
| 17 | | 06/30/2006 | |
APPELLEE BRIEF (PDF) |
| 18 | | 06/30/2006 | |
E-FILED BRIEF (AEB) |
| 19 | | 07/03/2006 | |
Received $25 surcharge for AEB (Receipt #16914) |
| 20 | | 07/03/2006 | |
Copies of AEB made |
| 21 | | 07/26/2006 | |
Consent to Appearance of Michael Pitcher (letter from Nancy Yon dated 7-26-06) |
| 22 | | 10/05/2006 | |
APPEARANCES: Kerry S. Rosenquist,Travis Finck--third-year law student; Nancy D. Yon, |
| 23 | | 10/05/2006 | |
Michael Pitcher--third-year law student |
| 24 | | 10/05/2006 | |
ARGUED: Rosenquist; Yon |
| 25 | | 11/28/2006 | |
DISPOSITION: AFFIRMED |
| 26 | | 11/28/2006 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 27 | | 11/29/2006 | |
Judgment Mailed to Parties |
| 28 | | 12/26/2006 | |
MANDATE |
| 29 | | 12/29/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |