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:

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

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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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Docket entries:

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

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