State v. Olson

20060182 State of North Dakota, Plaintiff and Appellee
v.
Melissa Sue Olson, Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Karen Kosanda Braaten
Nature of Action: Misc. Statutory Off. (Misdemeanor)
Counsel:
Appellant: Reichert Armstrong Law Office
Appellee: Meredith Huseby Larson , Asst. State's Attorney
Term: 12/2006   Argument: 12/19/2006  10:45am
ND cite: 2007 ND 40
NW cite: 729 N.W.2d 132

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. The evidence obtained by the arresting officer was the result of an unlawful stop and seizure which violated the defendant's right to be free from unreasonable searches and seizures under the North Dakota Constitution and the Fourth Amendment of the United States Constitution.
A. The community caretaker function should not be extended to individuals walking on a public sidewalk who are posing no immediate threat to themselves or any other individual.
B. The arresting officer was not acting as a community, caretaker when he stopped and detained the defendants.
C. After unlawfully stopping and detaining the defendants, neither officer had reasonable articulable suspicion to detain, separate, arrest, and then cite both defendants for the crime on Minor In Consumption.

Appellee's Statement of the Issues:
I. Whether the defendants' fourth amendment rights were violated when officers engaged in a lawful community caretaking encounter and a subsequent seizure based on reasonable and articulable suspicion?

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Docket entries:
106/22/2006 NOTICE OF APPEAL: 06/20/2006
206/22/2006 Amended Notice of Appeal filed in the trial court on June 20, 2006
306/22/2006 ORDER FOR TRANSCRIPT: 06/20/2006
406/22/2006 Amended Order for Transcript filed in the trial court on June 20, 2006
506/23/2006 MOTION FOR Stay Pending Appeal (Brief and Attachments in Support) (also filed in trial court)
606/23/2006 E-FILED MOTION (Motion for Stay)
706/26/2006 RETENTION OF RECORD ON APPEAL: 08/09/2006
806/30/2006 Trial court granted Stay Pending Appeal
906/30/2006 NO ACTION TAKEN (In light of trial court's action on stay, Supreme Court took no action)
1007/24/2006 RECORD ON APPEAL (Not rec'd: #23--steno notes)
1107/25/2006 TRANSCRIPT DATED March 21, 2006
1207/26/2006 DISK - TRA (3-21-06)
1307/26/2006 (This case is consolidated w/20060183. Make all docket entries, except DIS & MAN, in this case)
1409/11/2006 MOT. EXT/TIME APPELLANT BRIEF (Affidavits of Alex Reichert & Karla Briss) (E-mailed)
1509/11/2006 E-FILED MOTION (Mat)
1609/12/2006 ACTION BY CLERK. Granted: 09/26/2006
1709/26/2006 APPELLANT BRIEF (PDF)
1809/26/2006 E-FILED BRIEF (ATB) (PDF)
1910/11/2006 Made 7 Copies of ATB
2010/11/2006 Surcharge of $25 received for ATB (Receipt No. 17143)
2110/12/2006 APPELLANT APPENDIX
2210/12/2006 E-FILED APPENDIX (ATA)
2310/13/2006 Made 6 copies of ATA
2410/26/2006 APPELLEE BRIEF (e-filed)
2510/26/2006 E-FILED BRIEF (AEB)
2610/30/2006 Received $25 surcharge for AEB
2710/30/2006 Made 7 copies of AEB
2811/09/2006 Reply Brief (PDF)
2911/09/2006 E-FILED BRIEF (RYB) (PDF)
3011/14/2006 Made 7 copies of RYB
3112/19/2006 APPEARANCES: Alexander F. Reichert; Meredith H. Larson
3212/19/2006 ARGUED: Reichert; Larson
3312/19/2006 ORAL ARGUMENT WEBCAST
3403/22/2007 DISPOSITION: AFFIRMED
3503/22/2007 SPLIT OPINION: VandeWalle, Gerald W.
3603/22/2007 (Concur): Kapsner, Carol Ronning: CONCUR
3703/23/2007 Order/Judgment Mailed to Parties
3804/18/2007 MANDATE
3904/25/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/21/2014