State v. Anderson
|
| 20050202 |
State of North Dakota, Plaintiff and Appellee
v.
Daniel James Anderson, Defendant and Appellant
|
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Frank L. Racek |
|
Nature of Action: |
Misc. Statutory Off. (Misdemeanor)
|
| Counsel: |
|
| Term: |
12/2005 Argument: 12/07/2005 01:30pm
|
| ND cite: |
2006 ND 44
|
| NW cite: |
710 N.W.2d 392
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
1.Whether the lower court erroneously denied the Appellants' motion to suppress because the state obtained evidence in violation of the Fourth Amendment of the United States Constitution and Article I, Section 8 of the North Dakota Constitution.
2.Whether the lower court erroneously denied the Appellants' motion to suppress because the state obtained evidence in violation of the Fifth Amendment of the United States constitution and Article I, Section 12 of the North Dakota Constitution.
Appellee's Statement of the Issues:
I. The Fargo police officers had a reasonable and articulable suspicion to stop the Defendant's vehicle.
II. The Fargo police officers had probable cause to arrest the defendants for possession of concealed weapons.
|
|
 Add Docket 20050202 RSS
|
| 1 | | 06/16/2005 | |
NOTICE OF APPEAL: 06/14/2005 |
| 2 | | 06/16/2005 | |
ORDER FOR TRANSCRIPT: 06/14/2005 |
| 3 | | 07/13/2005 | |
RETENTION OF RECORD ON APPEAL: 08/03/2005 |
| 4 | | 08/10/2005 | |
Motion for Enlargement of Time for Preperation of Appeal Transcript |
| 5 | | 08/10/2005 | |
ACTION BY TRIAL COURT. Granted: 09/14/2005 |
| 6 | | 08/05/2005 | |
TRANSCRIPT DATED 5/3/05 |
| 7 | | 08/04/2005 | |
DISK - TRA dated 5/3/05 (e-mailed) |
| 8 | | 08/16/2005 | |
RECORD ON APPEAL Not forwarded with the record were Nos. 14, 15, and 22 (Tapes) |
| 9 | | 09/13/2005 | |
MOTION FOR Consolidation (e-mailed and faxed letter form) |
| 10 | | 09/13/2005 | |
ACTION BY CLERK (Mot. for Consolidation). Granted |
| 11 | | 09/13/2005 | |
E-FILED MOTION |
| 12 | | 09/13/2005 | |
MOT. EXT/TIME APPELLANT BRIEF (e-mailed & faxed letter form) |
| 13 | | 09/13/2005 | |
ACTION BY CLERK (mat). Granted: 09/28/2005 |
| 14 | | 09/13/2005 | |
E-FILED MOTION |
| 15 | | 09/13/2005 | |
THIS CASE IS CONSOLIDATED W/ 20050229. MAKE ALL ENTRIES EXCEPT "DIS" IN THIS CASE. |
| 16 | | 09/23/2005 | |
MOT. EXT/TIME APPELLANT BRIEF, Brief in Support, & Affidavit in Support |
| 17 | | 09/23/2005 | |
E-FILED MOTION (MAT) |
| 18 | | 09/23/2005 | |
ACTION BY CHIEF DEPUTY CLERK. Granted: 10/13/2005 |
| 19 | | 10/13/2005 | |
APPELLANT BRIEF |
| 20 | | 10/13/2005 | |
APPELLANT APPENDIX |
| 21 | | 10/14/2005 | |
DISK - atb |
| 22 | | 11/12/2005 | |
APPELLEE BRIEF |
| 23 | | 11/12/2005 | |
E-FILED BRIEF (AEB) |
| 24 | | 11/17/2005 | |
Payment of $25 fee for filing electronic AEB (Receipt #16660) |
| 25 | | 11/17/2005 | |
Copies made of e-filed AEB |
| 26 | | 11/25/2005 | |
REPLY BRIEF of Appellants |
| 27 | | 11/25/2005 | |
E-FILED BRIEF (RYB) |
| 28 | | 11/25/2005 | |
Copies made of e-filed RYB |
| 29 | | 12/07/2005 | |
APPEARANCES: Jesse Lange; Aaron Birst |
| 30 | | 12/07/2005 | |
ARGUED: Lange; Birst |
| 31 | | 12/07/2005 | |
ORAL ARGUMENT WEBCAST |
| 32 | | 02/23/2006 | |
DISPOSITION: AFFIRMED |
| 33 | | 02/23/2006 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 34 | | 02/24/2006 | |
Judgment Mailed to Parties |
| 35 | | 03/17/2006 | |
MANDATE |
| 36 | | 03/21/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |