New opinions: March 12, 2026 Thursday, March 12, 2026

State v. Cooper 2026 ND 68
Docket No.: 20250134
Filing Date: 3/12/2026
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: An officer must administer the Miranda warning when a person is subject to custodial interrogation. A suspect is in custody when there is a formal arrest or restraint on the suspect's freedom of movement to the degree associated with
a formal arrest.

The "automobile exception" to the Fourth Amendment's warrant requirement allows law enforcement officers to search a vehicle for illegal contraband without a warrant upon establishing probable cause the vehicle contains contraband.

Allowing a drug-sniffing dog to sniff a vehicle is not a search within the meaning of the Fourth Amendment. A drug-sniffing dog indicating the presence of a controlled substance establishes probable cause.

Unrelated inquiries are permitted during a stop as long as they do not prolong the stop and extend the time the individual is detained. A stop may be prolonged only if the officer has reasonable suspicion to justify detaining the individual for inquiries unrelated to the stop.

Bauer, et al. v. Adam, et al. 2026 ND 67
Docket No.: 20250249
Filing Date: 3/12/2026
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: Only judgments and decrees which constitute a final judgment of the rights of the parties and certain orders enumerated by statute are appealable.

For each issue, the appellant must cite to the record showing that the issue was preserved for review or state the grounds for seeking review of an issue not preserved.

Under N.D. Sup. Ct. Admin. R. 58(3)(a), the presiding judge, on the court's own motion, may designate a litigant as a vexatious litigant. Procedural safeguards are contained within N.D. Sup. Ct. Admin. R. 58 providing for a specific vexatious litigant definition, appropriate notice, requisite court findings, and the pre-filing order contents. The Court reviews an order finding a litigant vexatious for an abuse of discretion.

If an appeal is frivolous, the Court may award just damages and single or double costs, including reasonable attorney's fees.