State v. Ressler
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| 20040327 |
State of North Dakota, Plaintiff and Appellee
v.
Dale Matt Ressler, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Morton County
Judge Sonna M. Anderson |
|
Nature of Action: |
Drugs/Contraband
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| Counsel: |
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| Term: |
06/2005 Argument: 06/06/2005 02:45pm
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| ND cite: |
2005 ND 140
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| NW cite: |
701 N.W.2d 915
Listen to recording of oral argument
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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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| 1 | | 11/19/2004 | |
NOTICE OF APPEAL: 11/17/2004 |
| 2 | | 11/19/2004 | |
ORDER FOR TRANSCRIPT: 11/17/2004 |
| 3 | | 12/15/2004 | |
RECORD ON APPEAL |
| 4 | | 01/07/2005 | |
MOT. EXT/TIME TRANSCRIPT |
| 5 | | 01/07/2005 | |
ACTION BY TRIAL COURT. Granted: 02/12/2005 |
| 6 | | 01/27/2005 | |
TRANSCRIPT DATED September 9, 2004 and November 8, 2004 |
| 7 | | 01/27/2005 | |
DISK - TRA of 9-9-04 & 11-8-04 |
| 8 | | 02/23/2005 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 9 | | 02/23/2005 | |
ACTION BY CLERK (MAT). Granted: 03/22/2005 |
| 10 | | 02/23/2005 | |
E-FILED MOTION ext/time ATB |
| 11 | | 03/22/2005 | |
MOT. EXT/TIME APPELLANT BRIEF (faxed) |
| 12 | | 03/22/2005 | |
E-FILED MOTION (Mot/ATB) (faxed) |
| 13 | | 03/22/2005 | |
ACTION BY CLERK. Granted: 03/29/2005 |
| 14 | | 03/29/2005 | |
APPELLANT BRIEF |
| 15 | | 03/29/2005 | |
E-FILED BRIEF (ATB) |
| 16 | | 03/29/2005 | |
APPELLANT APPENDIX |
| 17 | | 03/29/2005 | |
E-FILED APPENDIX (ATA) |
| 18 | | 03/30/2005 | |
Payment of $25 fee for filing electronic ATB (Receipt #16135) |
| 19 | | 03/31/2005 | |
Received ATB and ATA from Central Duplicating |
| 20 | | 04/28/2005 | |
APPELLEE BRIEF |
| 21 | | 04/28/2005 | |
DISK - aeb |
| 22 | | 05/12/2005 | |
REPLY BRIEF |
| 23 | | 05/12/2005 | |
E-FILED BRIEF - RYB |
| 24 | | 06/06/2005 | |
APPEARANCES: Chad R. McCabe; Allen M. Koppy, State's Attorney |
| 25 | | 06/06/2005 | |
ARGUED: McCabe; Koppy (Vol. Z; Page 129) |
| 26 | | 06/06/2005 | |
ORAL ARGUMENT WEBCAST |
| 27 | | 07/25/2005 | |
DISPOSITION: REVERSED AND REMANDED |
| 28 | | 07/25/2005 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 29 | | 07/26/2005 | |
Judgment Mailed to Parties |
| 30 | | 08/16/2005 | |
MANDATE |
| 31 | | 05/14/2012 | |
EXPUNGED - Nonpermanent record items destroyed |