State v. Spidahl
State of North Dakota, Plaintiff and Appellee
Terry Myron Spidahl, Defendant and Appellant
Northeast Judicial District,
Judge Donovan John Foughty
|Nature of Action:||Drugs/Contraband|
|Term:||05/2004  Argument: 05/11/2004|
|ND cite:||2004 ND 168|
686 N.W.2d 115
Appellant's Statement of the Issues:|
1. Whether the arresting officer's search of Spidahl's person can be justified as a search incident to a lawful arrest for the crime of unauthorized use of a motor vehicle.
2. Whether the arresting officer had a reasonable and articulable suspicion to believe that Spidahl was armed and presently dangerous when the officer performed the pat down search.
3. Whether the arresting officer had probable cause to arrest Spidahl pursuant to the discovery of the two digital scales located in the flannel shirt on the passenger seat in the motor vehicle.
Appellee's Statement of the Issues:
I:The arresting officer search of the Defendant's person is justified as a search incident to a lawful arrest for the crime of unauthorized use of a motor vehicle.
II:The arresting officer properly patted down the defendant during the arrest.
III:The search of the Defendant's residence was proper.
|Add Docket 20030348 RSS|
|1||12/04/2003 NOTICE OF APPEAL: 12/02/2003|
|2||12/04/2003 ORDER FOR TRANSCRIPT: 12/02/2003|
|3||12/04/2003 This case is consolidated w/20030349-20030352; make all entries except DIS & MAN in this case.|
|4||12/31/2003 RECORD ON APPEAL|
|5||12/31/2003 TRANSCRIPTS DATED 4-30-03, 7-21-03, 10-9-03, & 11-21-03 (4 vols.)|
|6||01/02/2004 DISK -- TRA (4-30-03, 7-21-03, 10-9-03, & 11-21-03)|
|7||02/06/2004 MOT. EXT/TIME APPELLANT BRIEF with brief & affidavit in support|
|8||02/06/2004 ACTION BY CLERK (MAT). Granted: 03/10/2004|
|9||03/10/2004 APPELLANT BRIEF|
|10||03/10/2004 APPELLANT APPENDIX|
|11||03/11/2004 DISK - ATB|
|12||03/17/2004 Corrected Table of Contents for ATA|
|13||04/08/2004 APPELLEE BRIEF|
|14||04/12/2004 DISK of aeb|
|15||05/10/2004 MOTION FOR WAIVER OF ORAL ARGUMENT ON BEHALF OF APPELLANT (faxed letter dated 5-10-04)|
|16||05/10/2004 E-FILED MOTION (AT's Motion to Waive OA)|
|17||05/10/2004 Faxed letter dated 5-10-04 from Lonnie Olson stating he would waive if AT's OA is waived)|
|18||05/10/2004 ACTION BY CHIEF JUSTICE (OA waived - AT/AE). Granted|
|19||05/11/2004 APPEARANCES: waived under N.D.R.App.P. 34(f)|
|20||05/11/2004 ARGUED: waived under N.D.R.App.P. 34(f) (Vol. Y; Page 238)|
|21||08/31/2004 DISPOSITION: AFFIRMED|
|22||08/31/2004 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|23||09/01/2004 Order/Judgment Mailed to Parties|
|25||09/24/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|26||05/20/2011 EXPUNGED - Nonpermanent record items destroyed|