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 Waived|
|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|
|11||03/11/2004||DISK - ATB|
|12||03/17/2004||Corrected Table of Contents for ATA|
|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)|
|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|