State v. Olson
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| 20060182 |
State of North Dakota, Plaintiff and Appellee
v.
Melissa Sue Olson, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Karen Kosanda Braaten |
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Nature of Action: |
Misc. Statutory Off. (Misdemeanor)
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| Counsel: |
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| Term: |
12/2006 Argument: 12/19/2006 10:45am
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| ND cite: |
2007 ND 40
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| NW cite: |
729 N.W.2d 132
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. The evidence obtained by the arresting officer was the result of an unlawful stop and seizure which violated the defendant's right to be free from unreasonable searches and seizures under the North Dakota Constitution and the Fourth Amendment of
the United States Constitution.
A. The community caretaker function should not be extended to individuals walking on a public sidewalk who are posing no immediate threat to themselves or any other individual.
B. The arresting officer was not acting as a community, caretaker when he stopped and detained the defendants.
C. After unlawfully stopping and detaining the defendants, neither officer had reasonable articulable suspicion to detain, separate, arrest, and then cite both defendants for the crime on Minor In Consumption.
Appellee's Statement of the Issues:
I. Whether the defendants' fourth amendment rights were violated when officers engaged in a lawful community caretaking encounter and a subsequent seizure based on reasonable and articulable suspicion?
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 Add Docket 20060182 RSS
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| 1 | | 06/22/2006 | |
NOTICE OF APPEAL: 06/20/2006 |
| 2 | | 06/22/2006 | |
Amended Notice of Appeal filed in the trial court on June 20, 2006 |
| 3 | | 06/22/2006 | |
ORDER FOR TRANSCRIPT: 06/20/2006 |
| 4 | | 06/22/2006 | |
Amended Order for Transcript filed in the trial court on June 20, 2006 |
| 5 | | 06/23/2006 | |
MOTION FOR Stay Pending Appeal (Brief and Attachments in Support) (also filed in trial court) |
| 6 | | 06/23/2006 | |
E-FILED MOTION (Motion for Stay) |
| 7 | | 06/26/2006 | |
RETENTION OF RECORD ON APPEAL: 08/09/2006 |
| 8 | | 06/30/2006 | |
Trial court granted Stay Pending Appeal |
| 9 | | 06/30/2006 | |
NO ACTION TAKEN (In light of trial court's action on stay, Supreme Court took no action) |
| 10 | | 07/24/2006 | |
RECORD ON APPEAL (Not rec'd: #23--steno notes) |
| 11 | | 07/25/2006 | |
TRANSCRIPT DATED March 21, 2006 |
| 12 | | 07/26/2006 | |
DISK - TRA (3-21-06) |
| 13 | | 07/26/2006 | |
(This case is consolidated w/20060183. Make all docket entries, except DIS & MAN, in this case) |
| 14 | | 09/11/2006 | |
MOT. EXT/TIME APPELLANT BRIEF (Affidavits of Alex Reichert & Karla Briss) (E-mailed) |
| 15 | | 09/11/2006 | |
E-FILED MOTION (Mat) |
| 16 | | 09/12/2006 | |
ACTION BY CLERK. Granted: 09/26/2006 |
| 17 | | 09/26/2006 | |
APPELLANT BRIEF (PDF) |
| 18 | | 09/26/2006 | |
E-FILED BRIEF (ATB) (PDF) |
| 19 | | 10/11/2006 | |
Made 7 Copies of ATB |
| 20 | | 10/11/2006 | |
Surcharge of $25 received for ATB (Receipt No. 17143) |
| 21 | | 10/12/2006 | |
APPELLANT APPENDIX |
| 22 | | 10/12/2006 | |
E-FILED APPENDIX (ATA) |
| 23 | | 10/13/2006 | |
Made 6 copies of ATA |
| 24 | | 10/26/2006 | |
APPELLEE BRIEF (e-filed) |
| 25 | | 10/26/2006 | |
E-FILED BRIEF (AEB) |
| 26 | | 10/30/2006 | |
Received $25 surcharge for AEB |
| 27 | | 10/30/2006 | |
Made 7 copies of AEB |
| 28 | | 11/09/2006 | |
Reply Brief (PDF) |
| 29 | | 11/09/2006 | |
E-FILED BRIEF (RYB) (PDF) |
| 30 | | 11/14/2006 | |
Made 7 copies of RYB |
| 31 | | 12/19/2006 | |
APPEARANCES: Alexander F. Reichert; Meredith H. Larson |
| 32 | | 12/19/2006 | |
ARGUED: Reichert; Larson |
| 33 | | 12/19/2006 | |
ORAL ARGUMENT WEBCAST |
| 34 | | 03/22/2007 | |
DISPOSITION: AFFIRMED |
| 35 | | 03/22/2007 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 36 | | 03/22/2007 | |
(Concur): Kapsner, Carol Ronning: CONCUR |
| 37 | | 03/23/2007 | |
Order/Judgment Mailed to Parties |
| 38 | | 04/18/2007 | |
MANDATE |
| 39 | | 04/25/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |