State v. Ressler

20040327 State of North Dakota, Plaintiff and Appellee
v.
Dale Matt Ressler, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Morton County
Judge Sonna M. Anderson
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Vinje Law Firm
Appellee: Allen M. Koppy , State's Attorney
Term: 06/2005   Argument: 06/06/2005  2:45pm
ND cite: 2005 ND 140
NW cite: 701 N.W.2d 915

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Issues: Appellant's Statement of the Issues:
The nonconsensual, warrantless seizure and search of Ressler's package without probable cause was in violation of the Fourth Amendment of the United States Constitution, by and through the Fourteenth Amendment of the United States Constitution, and even greater protection provided by Article I, Section 8 of the North Dakota State Constitution.

Appellee's Statement of the Issues:
I. The Search of the Defendant's Package by Kent Danielson, was a Private Party Search by the Owner of We-Ship, Implicating No Fourth Amendment Scrutiny.
II. Eisenmann's Removal of the Package of Money-Filled Magazines from We-Ship to the Police Station for a Controlled Canine Drug Test was reasonable.
III. The Removal of the Defendant's Package from We-Ship To the Law Enforcement Center for Testing by a K-9 Drug Dog was Based Upon Reasonable Suspicion Gained at We-Ship.

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Docket entries:
111/19/2004 NOTICE OF APPEAL: 11/17/2004
211/19/2004 ORDER FOR TRANSCRIPT: 11/17/2004
312/15/2004 RECORD ON APPEAL
401/07/2005 MOT. EXT/TIME TRANSCRIPT
501/07/2005 ACTION BY TRIAL COURT. Granted: 02/12/2005
601/27/2005 TRANSCRIPT DATED September 9, 2004 and November 8, 2004
701/27/2005 DISK - TRA of 9-9-04 & 11-8-04
802/23/2005 MOT. EXT/TIME APPELLANT BRIEF
902/23/2005 ACTION BY CLERK (MAT). Granted: 03/22/2005
1002/23/2005 E-FILED MOTION ext/time ATB
1103/22/2005 MOT. EXT/TIME APPELLANT BRIEF (faxed)
1203/22/2005 E-FILED MOTION (Mot/ATB) (faxed)
1303/22/2005 ACTION BY CLERK. Granted: 03/29/2005
1403/29/2005 APPELLANT BRIEF
1503/29/2005 E-FILED BRIEF (ATB)
1603/29/2005 APPELLANT APPENDIX
1703/29/2005 E-FILED APPENDIX (ATA)
1803/30/2005 Payment of $25 fee for filing electronic ATB (Receipt #16135)
1903/31/2005 Received ATB and ATA from Central Duplicating
2004/28/2005 APPELLEE BRIEF
2104/28/2005 DISK - aeb
2205/12/2005 REPLY BRIEF
2305/12/2005 E-FILED BRIEF - RYB
2406/06/2005 APPEARANCES: Chad R. McCabe; Allen M. Koppy, State's Attorney
2506/06/2005 ARGUED: McCabe; Koppy (Vol. Z; Page 129)
2606/06/2005 ORAL ARGUMENT WEBCAST
2707/25/2005 DISPOSITION: REVERSED AND REMANDED
2807/25/2005 UNANIMOUS OPINION: VandeWalle, Gerald W.
2907/26/2005 Judgment Mailed to Parties
3008/16/2005 MANDATE
3105/14/2012 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/23/2014