City of Devils Lake v. Lawrence

20010063 City of Devils Lake, Plaintiff and Appellant
v.
Darrell Lawrence, Defendant and Appellee

Appeal from: District Court, Northeast Judicial District, Ramsey County
Judge Donovan John Foughty
Nature of Action: Dui/Dus
Counsel:
Appellee: Pro se
Appellant: Daniel Mack Traynor , City Prosecutor
Term: 12/2001   Argument: 12/17/2001  Waived
ND cite: 2002 ND 31
NW cite: 639 N.W.2d 466


Issues: Appellant's Statement of the Issues:
I. Whether the district court erred in concluding the "only" reasonable inference to be drawn from what the police officers heard and observed was that one or both of the individuals in the vehicle leaving the parking lot were involved in an argument where officers responded to a report of a "fight about to happen," were notified the occupants in Lawrence's vehicle were involved in the incident, and Lawrence's vehicle was observed leaving the scene after the arrival of one of the two police officers.
II. Whether the district court erred in settling on one possible definition of "fight," to the exclusion of all others, and by reaching a broadly-termed legal conclusion that "arguing is not a crime" where fighting or violent, tumultuous or threatening behavior is expressly proscribed by criminal statute.
III. Whether the district court erred in applying a reasonable and articulable suspicion standard requiring actual criminal activity where there was evidence of potential criminal activity.
IV. Whether the district court erred in concluding the underlying facts did not meet the reasonable and articulable suspicion standard where officers responded to a report of a "fight about to happen," were notified the occupants in Lawrence's vehicle were involved in the incident, and Lawrence's vehicle was observed leaving the scene after the arrival of one of the two police officers.

Add Docket 20010063 RSS Add Docket 20010063 RSS

Docket entries:
103/09/2001 NOTICE OF APPEAL: 03/08/2001
203/12/2001 ORDER FOR TRANSCRIPT: 03/09/2001
304/03/2001 RECORD ON APPEAL and exhibits. Not sent with the record was No. 15 of the Municipal Court Clerk's
404/03/2001 Certificate of Transfer on Appeal (Affidavit of Service by Mail)
504/03/2001 TRANSCRIPT DATED February 9, 2001
604/04/2001 DISK - TRA of Feb 9, 2001
705/02/2001 MOTION FOR REMAND & BRIEF IN SUPPORT W/ATTACHMENTS
805/04/2001 ACTION BY CHIEF JUSTICE (Motion for Remand). Granted
905/04/2001 ORDER OF REMAND
1005/04/2001 Request to Stay Briefing Schedule (Part of Motion for Remand)
1105/04/2001 ACTION BY CHIEF JUSTICE (Stay of Briefing Schedule). Granted
1205/04/2001 Order of Remand Mailed to Parties
1306/08/2001 Refiled RECORD ON APPEAL, Exhibits, & original Transcript dated 2-9-01(not recd were #15 of
1406/08/2001 Municipal Court Clerk's Certificate of Transfer on Appeal dated 1-18-01 (Affidavit of Mailing)
1506/08/2001 and #10 of Municipal Court Clerk's Certificate of Transfer dated 6-6-01 (Criminal Case #01-K-69 --
1606/08/2001 City of Devils Lake v. Darrell Lawrence)
1706/19/2001 RETURN OF ROA, original Transcript dated 2-9-01, & Separate #27 TO DIST. CT.: 09/29/2001
1808/31/2001 AMENDED NOTICE OF APPEAL FILED IN THE TRIAL COURT ON AUGUST 30, 2001
1908/31/2001 AMENDED ORDER FOR TRANSCRIPT: 08/31/2001
2009/07/2001 TRANSCRIPTS DATED 7-23-01; 7-30-01; & 8-27-01 (3 vols)
2109/12/2001 DISK - TRA (7-23-01, 7-30-01, & 8-27-01)
2209/12/2001 Refiled RECORD ON APPEAL, Exhibits, & original Transcript dated 2-9-01 (Not rec'd: #15 of
2309/12/2001 Municipal Court Clerk's Certificate of Transfer on Appeal dated 1-18-01 (Affidavit of Mailing)
2409/12/2001 and #10 of Municipal Court Clerk's Certificate of Transfer dated 6-6-01 (Criminal Case #01-K-69--
2509/12/2001 City of Devils Lake v. Darrell Lawrence)
2610/17/2001 APPELLANT BRIEF
2710/17/2001 APPELLANT APPENDIX
2810/18/2001 DISK - ATB
2910/23/2001 Copies of Table of Contents for ATA - inserted
3012/12/2001 MOTION TO WAIVE ORAL ARGUMENT (Letter form) on behalf of Appellant City of Devils Lake (Faxed Copy)
3112/12/2001 ACTION BY SUPREME COURT (waiver of OA). Granted
3212/13/2001 Original of Motion to waive oral argument letter
3312/17/2001 APPEARANCES: submitted on brief
3412/17/2001 ARGUED: submitted on brief (Vol. X; Page 187)
3502/20/2002 DISPOSITION: REVERSED AND REMANDED
3602/20/2002 UNANIMOUS OPINION: Sandstrom, Dale V.
3702/21/2002 Order/Judgment Mailed to Parties
3803/14/2002 MANDATE
3903/18/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4008/09/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/31/2014