State v. Keilen
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| 20020064 |
State of North Dakota, Plaintiff and Appellee
v.
Matthew Robert Keilen, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Ralph Robert Erickson |
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Nature of Action: |
Drugs/Contraband
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| Counsel: |
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| Term: |
06/2002 Argument: 06/25/2002 02:45pm
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| ND cite: |
2002 ND 133
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| NW cite: |
649 N.W.2d 224
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the District Court erroneously denied Appellants' Motion to Suppress because it held the community caretaking doctrine permits warrantless home entries by police officers in North Dakota.
2. Whether the District Court erroneously denied Appellants' Motion to Suppress because even if the community caretaking doctrine may justify warrantless home entries in North Dakota, the doctrine did not
justify the warrantless home entry into Appellants' home.
3. Whether the District Court erred in denying the Motion to
Suppress because the District Court made improper findings
of fact based on information that was not in the record
when it denied the Motion to Suppress.
Appellee's Statement of the Issues:
1) Whether the North Dakota Supreme Court should recognize a "community caretaker exception" to justify a warrantless entry into a home.
2) Whether the trial court correctly applied the "community caretaker exception" to the facts of this case.
3) Whether there was sufficient competent evidence to support the trial court's findings of fact.
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 Add Docket 20020064 RSS
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| 1 | | 03/06/2002 | |
NOTICE OF APPEAL: 03/04/2002 |
| 2 | | 03/06/2002 | |
(This case is consolidated w/20020065 through 20020067. Make all docket entries, except |
| 3 | | 03/06/2002 | |
DIS/MAN, in this case.) |
| 4 | | 03/08/2002 | |
AMENDED JOINT NOTICE OF APPEAL |
| 5 | | 04/03/2002 | |
ORDER FOR TRANSCRIPT: 04/02/2002 |
| 6 | | 04/03/2002 | |
RETENTION OF RECORD ON APPEAL: 05/22/2002 |
| 7 | | 04/15/2002 | |
APPELLANT BRIEF |
| 8 | | 04/15/2002 | |
APPELLANT APPENDIX |
| 9 | | 04/16/2002 | |
DISK - ATB |
| 10 | | 05/14/2002 | |
MOTION FOR DISMISSAL OF APPEAL. RspDue: 05/14/2002 |
| 11 | | 05/14/2002 | |
MOTION TO STRIKE FROM RECORD ON APPEAL. RspDue: 05/24/2002 |
| 12 | | 05/20/2002 | |
TRANSCRIPT DATED February 25, 2002 |
| 13 | | 05/20/2002 | |
DISK - TRA (2-25-02)(e-mailed) |
| 14 | | 05/22/2002 | |
Appellant's Reply to State's Motion to Dismiss & Aff./Serv. |
| 15 | | 05/22/2002 | |
Appellant's Reply to State's Motion to Strike from Record on Appeal & Aff./Serv. |
| 16 | | 05/22/2002 | |
RECORD ON APPEAL with separates 47 & 48 (transcripts) |
| 17 | | 05/22/2002 | |
Record on appeal for 20020065 filed in that case |
| 18 | | 05/29/2002 | |
MOT. EXT/TIME APPELLEE BRIEF (no MAE) |
| 19 | | 05/29/2002 | |
ACTION BY CLERK (AEB due no later than 6-07-02) (sua sponte). Granted: 06/07/2002 |
| 20 | | 05/29/2002 | |
MOT. EXT/TIME REPLY BRIEF (no MRY) |
| 21 | | 05/29/2002 | |
ACTION BY CLERK (RYB due no later than above date) (sua sponte). Granted: 06/21/2002 |
| 22 | | 05/29/2002 | |
ACTION BY SUPREME COURT (re Motion to Strike from Record on Appeal). Granted |
| 23 | | 05/29/2002 | |
NO ACTION TAKEN (Mot. to Dismiss will be heard with the merits) |
| 24 | | 05/29/2002 | |
Order Mailed to Parties |
| 25 | | 05/29/2002 | |
Records on Appeal for 20020066 & 20020067 filed in those cases |
| 26 | | 06/05/2002 | |
APPELLEE BRIEF |
| 27 | | 06/06/2002 | |
DISK - AEB |
| 28 | | 06/19/2002 | |
REPLY BRIEF |
| 29 | | 06/20/2002 | |
DISK - RYB |
| 30 | | 06/25/2002 | |
APPEARANCES: Steven M. Light, with Mr. Light was Jesse Lange, law clerk; Trent W. Mahler |
| 31 | | 06/25/2002 | |
ARGUED: Light; Mahler (Vol. Y; Page 9) |
| 32 | | 06/25/2002 | |
ORAL ARGUMENT WEBCAST |
| 33 | | 08/15/2002 | |
DISPOSITION: REVERSED AND REMANDED |
| 34 | | 08/15/2002 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 35 | | 08/16/2002 | |
Judgment Mailed to Parties |
| 36 | | 09/10/2002 | |
MANDATE |
| 37 | | 09/10/2002 | |
Corrected/Substitute Opinion Page 4 |
| 38 | | 09/12/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 39 | | 07/10/2008 | |
EXPUNGED - Nonpermanent record items destroyed |