State v. Hayes

20110098 State of North Dakota, Plaintiff and Appellee
v.
Anna Maria Hayes, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Divide County
Judge Joshua B. Rustad
Nature of Action: Dui/Dus
Counsel:
Appellant: Benjamin C. Pulkrabek
Appellee: Elizabeth Ledgerwood Pendlay , State's Attorney
Term: 10/2011   Argument: 10/11/2011  2:45pm
ND cite: 2012 ND 9
NW cite: 809 N.W.2d 309

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
In North Dakota, after a person has been arrested and charged with a class A Misdemeanor possession of marijuana, can the judge require that that person as a release condition consent to a warrantless search of her residence?

Appellee's Statement of the Issues:
I. The defendant's arguments on appeal are relevant only to Divide County District Court numbers 12-08-k-00066 and 12-08-k-00067, with the respective Supreme Court numbers being 20110100 and 20110101, and Supreme Court appeal numbers 20110098 and 20110099 should be dismissed accordingly
II. The Fourth Amendment issues raised by the defendant are moot because the residence searched was not defendant's residence and, therefore, the defendant did not have a reasonable expectation of privacy and related standing under the Fourth Amendment to allege a Fourth Amendment violation.
III. In the event that the defendant has standing to allege a Fourth Amendment violation, the District Court properly denied the defendant's June 29, 2010 motion to suppress based upon valid exceptions to the warrant requirement
A. The Defendant consented to the search of her residence and thus provided a valid exception to the warrant requirement.
B. The warrantless search provision within the amended bond order does not violate the federal or state constitutions.
C. In the event that the warrantless search provision is unconstitutional, suppression was properly denied by the district court based upon the good faith exception to the warrant requirement.

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Docket entries:
104/12/2011 NOTICE OF APPEAL: 04/08/2011
204/12/2011 ORDER FOR TRANSCRIPT: 04/08/2011
304/12/2011 This case is consolidated w/20110099-20110101. Make all entries in this case except ROA, DIS & MAN.
405/06/2011 RECORD ON APPEAL (Image #1-103)(Not certified: State's Exhibits 1,5,6,7,8&9)
505/25/2011 TRANSCRIPTS DATED 12-10-08;1-14-09;1-28-09;2-25-09;1-13-10;9-15-10;& 10-21&22-09(7 vols)& C.O.S.
605/25/2011 DISK - tra (12/10/08; 01/14/09; 01/28/09; 2-25-09; 1-13-10; 9-15-10; & 10-21&22-10 (e-mailed)
706/22/2011 APPELLANT BRIEF (e-filed)
806/22/2011 E-FILED BRIEF (atb)
906/22/2011 APPELLANT APPENDIX (e-filed)
1006/22/2011 E-FILED APPENDIX (ata)
1106/23/2011 Received $25 e-filing surcharge for ATB (Receipt #20375).
1206/27/2011 Received corrected electronic copy and signature page for ATB.
1306/28/2011 Received $4.50 e-filing surcharge for ATA (Receipt #20379).
1406/28/2011 Received 7 copies of ATB from Central Duplicating.
1506/28/2011 Received 6 copies of ATA from Central Duplicating.
1607/25/2011 APPELLEE BRIEF
1707/26/2011 DISK-AEB (E-MAILED)
1809/02/2011 NOTICE OF ORAL ARGUMENT SENT
1910/11/2011 APPEARANCES: Benjamin C. Pulkrabek/Elizabeth L. Pendlay, State's Attorney
2010/11/2011 ARGUED: Pulkrabek/Pendlay
2110/11/2011 ORAL ARGUMENT WEBCAST
2201/12/2012 DISPOSITION: AFFIRMED/PT, REVERSED/PT
2301/12/2012 UNANIMOUS OPINION: Sandstrom, Dale V.
2401/13/2012 Judgment Sent to Parties
2502/01/2012 Mot. Ext/Time Petition for Rehearing & Aff/Support
2602/01/2012 E-FILED MOTION (MPR)
2702/01/2012 ACTION BY CLERK (MPR). Granted: 01/30/2012
2801/30/2012 PETITION FOR REHEARING of Appellee
2902/01/2012 DISK - per (e-mailed)
3002/17/2012 ACTION BY SUPREME COURT (Pet/Rehearing). Denied
3103/02/2012 MANDATE

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