State v. Stenhoff

Docket No. 20180300
Oral Argument: Tuesday, February 5, 2019 2:45 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellant
v.
Shannon David Keola Stenhoff, Defendant and Appellee
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
Appeal From
Case No. 2018-CR-00235
Northwest Judicial District, McKenzie County
Robin Ann Schmidt
2019 ND 106925 N.W.2d 429

Highlight

Search of supervised probationer’s residence was constitutional where the probationer was incarcerated due to a probation violation, the supervised probation conditions included a search clause, and law enforcement officers had reasonable suspicion unlawful activity was afoot due to a child’s statement alluding to the presence of drugs at the probationer’s residence.

Conditions of probation may apply when a person is incarcerated until such time as the probation is terminated or revoked.


Briefs

Filing Date Description
11/13/2018 APPELLANT BRIEF View
12/13/2018 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT ASST. STATE'S ATTORNEY Stephenie L. Davis - 06866
APPELLEE COURT APPOINTED Jared Walter Gietzen - 07905

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 07/31/2018 NOTICE OF APPEAL : 07/31/2018
2 07/31/2018 ORDER FOR TRANSCRIPT : 08/01/2018
3 07/31/2018 STATEMENT OF PROSECUTING ATTORNEY
4 08/01/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 08/01/2018 Notice served on Stephenie L. Davis and Jared W. Gietzen
6 08/28/2018 ELEC. RECORD ON APPEAL DATED AUGUST 27, 2018 (ENTRY NOS. 1 - 48)
7 10/01/2018 ELECTRONIC TRANSCRIPT DATED JUNE 20, 2018 & C.O.S.
8 11/13/2018 APPELLANT BRIEF View
9 11/13/2018 E-FILED BRIEF
10 11/13/2018 APPELLANT APPENDIX
11 11/13/2018 E-FILED APPENDIX
12 11/15/2018 Received 6 copies each of ATB and ATA from Central Duplicating.
13 11/26/2018 Rec'd $25 surcharge for ATB (Receipt #26744)
14 12/13/2018 APPELLEE BRIEF View
15 12/13/2018 E-FILED BRIEF (PDF)
16 12/20/2018 Rec'd 6 copies of AEB from CSD
17 12/27/2018 Citation of Supplemental Authority by AT (filed for whatever purpose the Ct deems appropriate)
18 01/07/2019 Rec'd $25 e-filing surcharge by IDB for AEB
19 01/21/2019 NOTICE OF ORAL ARGUMENT SENT
20 02/05/2019 APPEARANCES: Stephenie L. Davis; Jared W. Gietzen
21 02/05/2019 ARGUED: Stephenie L. Davis; Jared W. Gietzen
22 02/05/2019 ORAL ARGUMENT WEBCAST
23 04/11/2019 DISPOSITION
24 04/11/2019 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
25 04/15/2019 Judgment Sent to Parties
26 05/09/2019 MANDATE