State v. Olson
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| 20060182 |
State of North Dakota, Plaintiff and Appellee
v.
Melissa Sue Olson, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Karen Kosanda Braaten |
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Nature of Action: |
Misc. Statutory Off. (Misdemeanor)
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| Counsel: |
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| Term: |
12/2006 Argument: 12/19/2006
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| ND cite: |
2007 ND 40
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| NW cite: |
729 N.W.2d 132
Listen to recording of oral argument in MP3 format
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| 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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 Add Docket 20060182 RSS
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| 1 | | 06/22/2006
NOTICE OF APPEAL: 06/20/2006 |
| 2 | | 06/22/2006
Amended Notice of Appeal filed in the trial court on June 20, 2006 |
| 3 | | 06/22/2006
ORDER FOR TRANSCRIPT: 06/20/2006 |
| 4 | | 06/22/2006
Amended Order for Transcript filed in the trial court on June 20, 2006 |
| 5 | | 06/23/2006
MOTION FOR Stay Pending Appeal (Brief and Attachments in Support) (also filed in trial court) |
| 6 | | 06/23/2006
E-FILED MOTION (Motion for Stay) |
| 7 | | 06/26/2006
RETENTION OF RECORD ON APPEAL: 08/09/2006 |
| 8 | | 06/30/2006
Trial court granted Stay Pending Appeal |
| 9 | | 06/30/2006
NO ACTION TAKEN (In light of trial court's action on stay, Supreme Court took no action) |
| 10 | | 07/24/2006
RECORD ON APPEAL (Not rec'd: #23--steno notes) |
| 11 | | 07/25/2006
TRANSCRIPT DATED March 21, 2006 |
| 12 | | 07/26/2006
DISK - TRA (3-21-06) |
| 13 | | 07/26/2006
(This case is consolidated w/20060183. Make all docket entries, except DIS & MAN, in this case) |
| 14 | | 09/11/2006
MOT. EXT/TIME APPELLANT BRIEF (Affidavits of Alex Reichert & Karla Briss) (E-mailed) |
| 15 | | 09/11/2006
E-FILED MOTION (Mat) |
| 16 | | 09/12/2006
ACTION BY CLERK. Granted: 09/26/2006 |
| 17 | | 09/26/2006
APPELLANT BRIEF (PDF) |
| 18 | | 09/26/2006
E-FILED BRIEF (ATB) (PDF) |
| 19 | | 10/11/2006
Made 7 Copies of ATB |
| 20 | | 10/11/2006
Surcharge of $25 received for ATB (Receipt No. 17143) |
| 21 | | 10/12/2006
APPELLANT APPENDIX |
| 22 | | 10/12/2006
E-FILED APPENDIX (ATA) |
| 23 | | 10/13/2006
Made 6 copies of ATA |
| 24 | | 10/26/2006
APPELLEE BRIEF (e-filed) |
| 25 | | 10/26/2006
E-FILED BRIEF (AEB) |
| 26 | | 10/30/2006
Received $25 surcharge for AEB |
| 27 | | 10/30/2006
Made 7 copies of AEB |
| 28 | | 11/09/2006
Reply Brief (PDF) |
| 29 | | 11/09/2006
E-FILED BRIEF (RYB) (PDF) |
| 30 | | 11/14/2006
Made 7 copies of RYB |
| 31 | | 12/19/2006
APPEARANCES: Alexander F. Reichert; Meredith H. Larson |
| 32 | | 12/19/2006
ARGUED: Reichert; Larson |
| 33 | | 12/19/2006
ORAL ARGUMENT WEBCAST |
| 34 | | 03/22/2007
DISPOSITION: AFFIRMED |
| 35 | | 03/22/2007
SPLIT OPINION: VandeWalle, Gerald W. |
| 36 | | 03/22/2007
(Concur): Kapsner, Carol Ronning: CONCUR |
| 37 | | 03/23/2007
Order/Judgment Mailed to Parties |
| 38 | | 04/18/2007
MANDATE |
| 39 | | 04/25/2007
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 40 | | 10/14/2016
EXPUNGED - Nonpermanent record items destroyed |