State v. Spidahl

20030348

State of North Dakota, Plaintiff and Appellee
v.
Terry Myron Spidahl, Defendant and Appellant

Appeal from:

District Court, Northeast Judicial District, Ramsey County
Judge Donovan John Foughty

Nature of Action:

Counsel:

Appellant:		Larivee & Light
Appellee:		Lonnie Olson , State's Attorney

Term:

05/2004 Argument: 05/11/2004 04:00pm

ND cite:

2004 ND 168

NW cite:

686 N.W.2d 115

Issues:

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.

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Docket entries:

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
24	09/23/2004	MANDATE
25	09/24/2004	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
26	05/20/2011	EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 05/17/2013