City of Fargo v. Egeberg

20000027 City of Fargo, Plaintiff and Appellee
v.
Duane Eddie Egeberg, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Cynthia Rothe-Seeger
Nature of Action: Dui/Dus
Counsel:
Appellant: Zenas Baer Law Office
Appellee: Timothy Michael O'Keeffe , City Prosecutor
Term: 06/2000   Argument: 06/26/2000  1:30pm
ND cite: 2000 ND 159
NW cite: 615 N.W.2d 542


Issues: Appellant's Statement of the Issues:
I. Whether the state lacked probable cause to investigate Duane Egeberg for the offense of driving under the influence.
Ii. Whether the evidence gathered by Officer Orth was the result of an illegal search and seizure and must be suppressed.
Iii. Whether any statements made by Duane Egeberg must be suppressed due to a lack of Miranda warning.


Appellee's Statement of the Issues:
I. Whether the police officer's stop was supported by a reasonable and articulable suspicion when the officer was initially investigating the Defendant on a report of disorderly conduct.
II. Whether the court erred when it denied the Defendant's Motion to Suppress Evidence based on an illegal search and seizure.
III. Whether the court erred in denying the Defendant's Motion to Suppress Statements Made by the Defendant in Violation of Miranda.

Add Docket 20000027 RSS Add Docket 20000027 RSS

Docket entries:
102/02/2000 NOTICE OF APPEAL: 01/31/2000
202/02/2000 ORDER FOR TRANSCRIPT (Gail Wells): 01/31/2000
302/14/2000 TRANSCRIPT DATED 1-21-00
402/15/2000 DISK - TRA dated 1-21-00
503/01/2000 RETENTION OF RECORD ON APPEAL (Joan M. Utter): 03/21/2000
603/16/2000 TRANSCRIPT DATED 1-11-00 (Motion to Dismiss)
703/20/2000 DISK - TRA dated 1-11-00
803/20/2000 RECORD ON APPEAL, w/exception of Clerk's Cert. Nos. 25, 30, 31, & 35 (Tapes), which were retained
904/25/2000 APPELLANT BRIEF
1004/25/2000 APPELLANT APPENDIX
1104/26/2000 DISK - ATB
1205/30/2000 APPELLEE BRIEF
1305/31/2000 DISK - AEB
1406/26/2000 APPEARANCES: Zenas Baer; Timothy M. O'Keeffe
1506/26/2000 ARGUED: Baer; O'Keeffe (Vol. X; page 44)
1608/18/2000 DISPOSITION: AFFIRMED
1708/18/2000 UNANIMOUS OPINION: Sandstrom, Dale V.
1808/21/2000 Order/Judgment Mailed to Parties
1908/30/2000 PETITION FOR REHEARING
2008/30/2000 Appendix to Appellant's Petition for Rehearing
2108/31/2000 DISK - PER
2209/13/2000 ACTION BY SUPREME COURT (PER). Denied
2309/27/2000 MANDATE
2409/28/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2505/03/2000 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/02/2014