State v. Schmalz
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| 20070127 |
State of North Dakota, Plaintiff and Appellee
v.
Steven R. Schmalz, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Morton County
Judge Bruce B. Haskell |
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Nature of Action: |
Drugs/Contraband
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| Counsel: |
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| Term: |
10/2007 Argument: 10/23/2007 10:45am
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| ND cite: |
2008 ND 27
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| NW cite: |
744 N.W.2d 734
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I.Whether there was probable cause to issue a search warrant for Schmalz' residence in Burleigh County?
II.Whether the contraband discovered in Schmalz' vehicle in Morton County was "fruit of the poisonous tree" and should have been suppressed?
Appellee's Statement of the Issues:
Burleigh Co.'s Statement of Issues
I. Did the district court err in denying Appellant's Motion to Suppress Evidence?
a. Abandoned garbage may be acquired and examined by law enforcement.
b. The totality of evidence presented to the magistrate supported a reasonable person to conclude that evidence of criminal activity would be found at Appellant's residence.
c. Alternatively, if probable cause did not exist to support the search warrant, the good faith exception to the exclusionary rule mandates against suppressing the evidence.
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| 1 | | 05/08/2007 | |
NOTICE OF APPEAL: 05/04/2007 |
| 2 | | 05/25/2007 | |
(This case is consolidated w/20070128; make all docket entries, except DIS & MAN, in this case) |
| 3 | | 05/31/2007 | |
RECORD ON APPEAL |
| 4 | | 06/13/2007 | |
ORDER FOR TRANSCRIPT of suppression hearing dated February 7, 2007 and February 9, 2007: 06/13/2007 |
| 5 | | 06/13/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 6 | | 06/13/2007 | |
ACTION BY Chief Deputy Clerk. Granted: 06/29/2007 |
| 7 | | 06/15/2007 | |
SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD ENTRIES 42 & 43 |
| 8 | | 06/20/2007 | |
TRANSCRIPT DATED 2/7/07 & 2/9/07 |
| 9 | | 06/20/2007 | |
DISK-tra (2/7/07 & 2/9/07) |
| 10 | | 06/25/2007 | |
Received Certificate of Service of TRA |
| 11 | | 06/28/2007 | |
APPELLANT BRIEF |
| 12 | | 06/28/2007 | |
APPELLANT APPENDIX |
| 13 | | 06/29/2007 | |
DISK (ATB) |
| 14 | | 07/25/2007 | |
APPELLEE BRIEF (Burleigh Co.)(20070128) |
| 15 | | 07/25/2007 | |
Affidavit of Service by Mail of the AEB on opposing counsel in 20070128 |
| 16 | | 07/25/2007 | |
DISK - (Burleigh Co. AEB) (20070128) (e-mailed) |
| 17 | | 07/31/2007 | |
Consent to Appearance under Limited Practice Rule by State's Attorney in 20070128 w/Aff. Mailing |
| 18 | | 08/15/2007 | |
Letter dated 8/15/07 from Mr. Koppy stating he is joining in the AEB of Burleigh County. |
| 19 | | 10/23/2007 | |
APPEARANCES: Jodi L. Colling; Lloyd C. Suhr; Allen M. Koppy |
| 20 | | 10/23/2007 | |
ARGUED: Colling; Suhr |
| 21 | | 10/23/2007 | |
ORAL ARGUMENT WEBCAST |
| 22 | | 02/21/2008 | |
DISPOSITION: AFFIRMED |
| 23 | | 02/21/2008 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 24 | | 02/21/2008 | |
(CONCUR): Crothers, Daniel John: CONCUR |
| 25 | | 02/22/2008 | |
Judgment E-Mailed to Parties |
| 26 | | 03/14/2008 | |
MANDATE |
| 27 | | 03/24/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 28 | | 03/31/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 29 | | 03/31/2008 | |
Corrected Opinion Page 9 |