State v. Washington

20060369 State of North Dakota, Plaintiff and Appellee
v.
Johnny Washington, Defendant and Appellant

Appeal from: District Court, Southwest Judicial District, Stark County
Judge William A. Herauf
Nature of Action: Theft
Counsel:
Appellant: Danny Lee Herbel
Appellee: James Allen Hope , Asst. State's Attorney
Term: 06/2007   Argument: 06/20/2007  1:30pm
ND cite: 2007 ND 138
NW cite: 737 N.W.2d 382

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. The employment of a locksmith, at the direction of law enforcement, to breach the door lock on Mr. Washington's vehicle, and to break into and enter the vehicle and perform two searches, without a search warrant and without probable cause, was unreasonable and unlawful.
II.The "automobile exception" does not apply to the facts of this case; there was no probable cause and there were no exigent circumstances to justify the two warrantless searches of Mr. Washington's vehicle or to excuse the requirement that law enforcement first seek a warrant to search.
III.Because the Oldsmobile was seized without probable cause and without a warrant after, and as a result of, two warrantless and illegal searches, the Oldsmobile was unlawfully seized.

Appellee's Statement of the Issues:
1. Did law enforcement have probable cause to search the vehicle in which the Defendant was located?
2. Did law enforcement have probable cause to enter the vehicle in which the Defendant was located to effect an arrest of the occupants?

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Docket entries:
112/15/2006 NOTICE OF APPEAL: 12/06/2006
212/15/2006 ORDER FOR TRANSCRIPT: 12/06/2006
301/05/2007 RECORD ON APPEAL w/Separate (Entry No. 7)
401/05/2007 TRANSCRIPT DATED September 20, 2006
501/05/2007 DISK - TRA dated September 20, 2006 (e-mailed)
602/07/2007 MOT. EXT/TIME APPELLANT BRIEF
702/07/2007 ACTION BY CLERK - MAT. Granted: 03/16/2007
802/07/2007 E-FILED MOTION (MAT)
903/16/2007 APPELLANT BRIEF (E-filed)
1003/16/2007 E-FILED BRIEF (ATB)
1103/16/2007 APPELLANT APPENDIX (e-filed)
1203/16/2007 E-FILED APPENDIX (ATA)
1303/16/2007 Certificate of Service of ATB on Mr. Hope by electronic means
1403/21/2007 Received $25 surcharge for ATB
1503/22/2007 Rec'd 7 copies of ATB from CSD
1603/22/2007 Rec'd 6 copies of ATA from CSD
1704/10/2007 MOT. EXT/TIME APPELLEE BRIEF
1804/10/2007 Response to Appellee's Motion for Extension of Time to File AEB (e-filed)
1904/10/2007 E-FILED MOTION (Response to Motion/Ext/AEB)
2004/10/2007 ACTION BY CLERK (MAE). Granted: 04/23/2007
2104/20/2007 APPELLEE BRIEF
2204/23/2007 DISK - AEB
2305/07/2007 REPLY BRIEF
2405/07/2007 E-FILED BRIEF (RYB)
2505/08/2007 Copies of RYB from Central Duplicating Services
2606/20/2007 APPEARANCES: Danny Lee Herbel; James A. Hope
2706/20/2007 ARGUED: Herbel; Hope
2806/20/2007 ORAL ARGUMENT WEBCAST
2908/22/2007 DISPOSITION: AFFIRMED
3008/22/2007 UNANIMOUS OPINION: VandeWalle, Gerald W.
3108/23/2007 Judgment e-mailed to Parties
3209/13/2007 MANDATE
3309/17/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/20/2014