State v. Washington
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| 20060369 |
State of North Dakota, Plaintiff and Appellee
v.
Johnny Washington, Defendant and Appellant
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| Appeal from: |
District Court,
Southwest Judicial District,
Stark County
Judge William A. Herauf |
|
Nature of Action: |
Theft
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| Counsel: |
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| Term: |
06/2007 Argument: 06/20/2007 01:30pm
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| ND cite: |
2007 ND 138
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| NW cite: |
737 N.W.2d 382
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 12/15/2006 | |
NOTICE OF APPEAL: 12/06/2006 |
| 2 | | 12/15/2006 | |
ORDER FOR TRANSCRIPT: 12/06/2006 |
| 3 | | 01/05/2007 | |
RECORD ON APPEAL w/Separate (Entry No. 7)
|
| 4 | | 01/05/2007 | |
TRANSCRIPT DATED September 20, 2006 |
| 5 | | 01/05/2007 | |
DISK - TRA dated September 20, 2006 (e-mailed) |
| 6 | | 02/07/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 7 | | 02/07/2007 | |
ACTION BY CLERK - MAT. Granted: 03/16/2007 |
| 8 | | 02/07/2007 | |
E-FILED MOTION (MAT) |
| 9 | | 03/16/2007 | |
APPELLANT BRIEF (E-filed) |
| 10 | | 03/16/2007 | |
E-FILED BRIEF (ATB) |
| 11 | | 03/16/2007 | |
APPELLANT APPENDIX (e-filed) |
| 12 | | 03/16/2007 | |
E-FILED APPENDIX (ATA) |
| 13 | | 03/16/2007 | |
Certificate of Service of ATB on Mr. Hope by electronic means |
| 14 | | 03/21/2007 | |
Received $25 surcharge for ATB |
| 15 | | 03/22/2007 | |
Rec'd 7 copies of ATB from CSD |
| 16 | | 03/22/2007 | |
Rec'd 6 copies of ATA from CSD |
| 17 | | 04/10/2007 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 18 | | 04/10/2007 | |
Response to Appellee's Motion for Extension of Time to File AEB (e-filed) |
| 19 | | 04/10/2007 | |
E-FILED MOTION (Response to Motion/Ext/AEB) |
| 20 | | 04/10/2007 | |
ACTION BY CLERK (MAE). Granted: 04/23/2007 |
| 21 | | 04/20/2007 | |
APPELLEE BRIEF |
| 22 | | 04/23/2007 | |
DISK - AEB |
| 23 | | 05/07/2007 | |
REPLY BRIEF |
| 24 | | 05/07/2007 | |
E-FILED BRIEF (RYB) |
| 25 | | 05/08/2007 | |
Copies of RYB from Central Duplicating Services |
| 26 | | 06/20/2007 | |
APPEARANCES: Danny Lee Herbel; James A. Hope |
| 27 | | 06/20/2007 | |
ARGUED: Herbel; Hope |
| 28 | | 06/20/2007 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 08/22/2007 | |
DISPOSITION: AFFIRMED |
| 30 | | 08/22/2007 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 31 | | 08/23/2007 | |
Judgment e-mailed to Parties |
| 32 | | 09/13/2007 | |
MANDATE |
| 33 | | 09/17/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |