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: Drugs/Contraband
Counsel:
Appellant: Larivee & Light
Appellee: Lonnie Olson , State's Attorney
Term: 05/2004   Argument: 05/11/2004  Waived
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:
112/04/2003 NOTICE OF APPEAL: 12/02/2003
212/04/2003 ORDER FOR TRANSCRIPT: 12/02/2003
312/04/2003 This case is consolidated w/20030349-20030352; make all entries except DIS & MAN in this case.
412/31/2003 RECORD ON APPEAL
512/31/2003 TRANSCRIPTS DATED 4-30-03, 7-21-03, 10-9-03, & 11-21-03 (4 vols.)
601/02/2004 DISK -- TRA (4-30-03, 7-21-03, 10-9-03, & 11-21-03)
702/06/2004 MOT. EXT/TIME APPELLANT BRIEF with brief & affidavit in support
802/06/2004 ACTION BY CLERK (MAT). Granted: 03/10/2004
903/10/2004 APPELLANT BRIEF
1003/10/2004 APPELLANT APPENDIX
1103/11/2004 DISK - ATB
1203/17/2004 Corrected Table of Contents for ATA
1304/08/2004 APPELLEE BRIEF
1404/12/2004 DISK of aeb
1505/10/2004 MOTION FOR WAIVER OF ORAL ARGUMENT ON BEHALF OF APPELLANT (faxed letter dated 5-10-04)
1605/10/2004 E-FILED MOTION (AT's Motion to Waive OA)
1705/10/2004 Faxed letter dated 5-10-04 from Lonnie Olson stating he would waive if AT's OA is waived)
1805/10/2004 ACTION BY CHIEF JUSTICE (OA waived - AT/AE). Granted
1905/11/2004 APPEARANCES: waived under N.D.R.App.P. 34(f)
2005/11/2004 ARGUED: waived under N.D.R.App.P. 34(f) (Vol. Y; Page 238)
2108/31/2004 DISPOSITION: AFFIRMED
2208/31/2004 UNANIMOUS OPINION: VandeWalle, Gerald W.
2309/01/2004 Order/Judgment Mailed to Parties
2409/23/2004 MANDATE
2509/24/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2605/20/2011 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 08/19/2014