Gabel v. N.D. Department of Transportation
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| 20060003 |
Jay Gabel, Plaintiff and Appellee
v.
North Dakota Department
of Transportation, Defendant and Appellant
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| Appeal from: |
District Court,
Southeast Judicial District,
Stutsman County
Judge Mikal Simonson |
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Nature of Action: |
Transportation Dept.
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| Counsel: |
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| Term: |
04/2006 Argument: 04/17/2006 02:45pm
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| ND cite: |
2006 ND 178
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| NW cite: |
720 N.W.2d 433
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Whether there was a reasonable and articulable suspicion to stop Gabel's vehicle based on detailed information of a traffic violation relayed to law enforcement from a known informant.
Appellee's Statement of the Issues:
Whether Deputy Kapp needed probable cause or a reasonable and articulable suspicion to conduct a traffic stop on Gabel's vehicle for an alleged traffic violation?
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| 1 | | 01/05/2006 | |
NOTICE OF APPEAL: 01/04/2006 |
| 2 | | 01/20/2006 | |
DISK - TRA of Admini Hearing 5-18-05 (TRA is part of ROA) |
| 3 | | 02/10/2006 | |
RECORD ON APPEAL - includes tra dtd 5-18-05 of Administrative Hearing |
| 4 | | 02/13/2006 | |
APPELLANT BRIEF |
| 5 | | 02/13/2006 | |
DISK - ATB |
| 6 | | 02/13/2006 | |
APPELLANT APPENDIX |
| 7 | | 03/15/2006 | |
APPELLEE BRIEF |
| 8 | | 03/20/2006 | |
Corrected TOA & pages 5 & 9 for AEB |
| 9 | | 03/20/2006 | |
DISK - aeb (e-mailed) |
| 10 | | 04/03/2006 | |
Request to reschedule oral argument (letter dated 4-03-06 from Jodi L. Colling) |
| 11 | | 04/03/2006 | |
E-FILED MOTION |
| 12 | | 04/03/2006 | |
ACTION BY CLERK (request to reschedule OA) |
| 13 | | 04/17/2006 | |
APPEARANCES: Zachary E. Pelham, Asst. Attorney General; Jodi L. Colling |
| 14 | | 04/17/2006 | |
ARGUED: Pelham;Colling |
| 15 | | 04/17/2006 | |
ORAL ARGUMENT WEBCAST |
| 16 | | 08/16/2006 | |
DISPOSITION: AFFIRMED |
| 17 | | 08/16/2006 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 18 | | 08/16/2006 | |
(DISSENT): Sandstrom, Dale V.: DISSENT |
| 19 | | 08/16/2006 | |
Costs on appeal taxed in favor of appellee |
| 20 | | 08/18/2006 | |
Judgment Mailed to Parties |
| 21 | | 09/12/2006 | |
MANDATE |
| 22 | | 09/14/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |