State v. Sommer

20100348 State of North Dakota, Plaintiff and Appellee
v.
Adam Timothy Sommer, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Frank L. Racek
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Mark Anthony Beauchene
Appellee: Kara Schmitz Olson , Asst. State's Attorney
Term: 04/2011   Argument: 04/26/2011  10:45am
ND cite: 2011 ND 151
NW cite: 800 N.W.2d 853

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether the District Court erred in finding that the automobile exception was applicable to the circumstances of this case.

Appellee's Statement of the Issues:
I.The search warrant obtained by the Fargo Police Department for Defendant's "premises" categorically encompassed Defendant's vehicle located at/on Defendant's premises and allowed for a search pursuant to the warrant requirement of the 4th Amendment.
II.The search of Defendant's vehicle constitutionally complied with the automobile exception to the warrant requirement as establishing both probable cause and mobility of the vehicle.

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Docket entries:
110/26/2010 NOTICE OF APPEAL: 10/22/2010
210/26/2010 ORDER FOR TRANSCRIPT: 10/22/2010
312/08/2010 RECORD ON APPEAL
412/13/2010 MOT. EXT/TIME TRANSCRIPT
512/13/2010 ACTION BY TRIAL COURT (MTR). Granted: 01/19/2011
601/07/2011 TRANSCRIPT DATED January 30, 2010, & C.O.S.
701/07/2011 DISK-tra (1/30/10) e-mailed
802/16/2011 APPELLANT BRIEF (e-filed)
902/16/2011 E-FILED BRIEF (ATB)
1002/16/2011 APPELLANT APPENDIX (e-filed)
1102/16/2011 E-FILED APPENDIX (ATA)
1202/17/2011 Received $25 e-filing surcharge for ATB (Receipt #20185).
1302/18/2011 Received 7 copies of ATB from Central Duplicating.
1402/18/2011 Received 6 copies of ATA from Central Duplicating.
1503/09/2011 MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support (e-filed)
1603/09/2011 E-FILED MOTION (MAE)
1703/09/2011 ACTION BY CLERK (MAE) with understanding case will be argued in April. Granted: 03/25/2011
1803/22/2011 NOTICE OF ORAL ARGUMENT SENT
1903/25/2011 APPELLEE BRIEF (e-filed)
2003/25/2011 E-FILED BRIEF (AEB)
2103/25/2011 APPELLEE APPENDIX (e-filed)
2203/25/2011 E-FILED APPENDIX (AEA)
2303/30/2011 Received table of contents for ATA.
2403/30/2011 Received written consent for Christopher Redmann from Kara Schmitz Olson, Asst. State's Atty.
2503/31/2011 Received 7 copies of ATB from Central Duplicating.
2603/31/2011 Received 6 copies of ATA from Central Duplicating.
2703/31/2011 Received $25 e-filing surcharge for AEB (Receipt #20240).
2804/26/2011 APPEARANCES: Mark Beauchene/ Kara Schmitz Olson and Christopher Redmann, 3rd year
2904/26/2011 ARGUED: Beauchene/Redmann
3004/26/2011 ORAL ARGUMENT WEBCAST
3108/11/2011 DISPOSITION: AFFIRMED
3208/11/2011 UNANIMOUS OPINION: VandeWalle, Gerald W.
3308/11/2011 Judgment Sent to Parties
3409/02/2011 MANDATE
3509/07/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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