City of Fargo v. Egeberg
City of Fargo, Plaintiff and Appellee
Duane Eddie Egeberg, Defendant and Appellant
East Central Judicial District,
Judge Cynthia Rothe-Seeger
|Nature of Action:||Dui/Dus|
|Term:||06/2000  Argument: 06/26/2000|
|ND cite:||2000 ND 159|
615 N.W.2d 542
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|
|1||02/02/2000 NOTICE OF APPEAL: 01/31/2000|
|2||02/02/2000 ORDER FOR TRANSCRIPT (Gail Wells): 01/31/2000|
|3||02/14/2000 TRANSCRIPT DATED 1-21-00|
|4||02/15/2000 DISK - TRA dated 1-21-00|
|5||03/01/2000 RETENTION OF RECORD ON APPEAL (Joan M. Utter): 03/21/2000|
|6||03/16/2000 TRANSCRIPT DATED 1-11-00 (Motion to Dismiss)|
|7||03/20/2000 DISK - TRA dated 1-11-00|
|8||03/20/2000 RECORD ON APPEAL, w/exception of Clerk's Cert. Nos. 25, 30, 31, & 35 (Tapes), which were retained|
|9||04/25/2000 APPELLANT BRIEF|
|10||04/25/2000 APPELLANT APPENDIX|
|11||04/26/2000 DISK - ATB|
|12||05/30/2000 APPELLEE BRIEF|
|13||05/31/2000 DISK - AEB|
|14||06/26/2000 APPEARANCES: Zenas Baer; Timothy M. O'Keeffe|
|15||06/26/2000 ARGUED: Baer; O'Keeffe (Vol. X; page 44)|
|16||08/18/2000 DISPOSITION: AFFIRMED|
|17||08/18/2000 UNANIMOUS OPINION: Sandstrom, Dale V.|
|18||08/21/2000 Order/Judgment Mailed to Parties|
|19||08/30/2000 PETITION FOR REHEARING|
|20||08/30/2000 Appendix to Appellant's Petition for Rehearing|
|21||08/31/2000 DISK - PER|
|22||09/13/2000 ACTION BY SUPREME COURT (PER). Denied|
|24||09/28/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|25||05/03/2000 EXPUNGED - Nonpermanent record items destroyed|