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City of West Fargo v. Medbery

Docket No. 20200222
Oral Argument: Thursday, January 14, 2021 2:45 PM

Docket Info

Title
City of West Fargo, Plaintiff and Appellee
v.
Bridget Rachel Medbery, Defendant and Appellant
Case Type
CRIMINAL APPEAL : OTHER (Crim.)
Appeal From
Case No. 2019-CR-05110
East Central Judicial District, Cass County
Wade L. Webb
2021 ND 81
Oral Argument 1/14/2021

Highlight

This Court does not weigh conflicting evidence or judge credibility of witnesses on appeal. We will affirm a district court’s decision on a motion to suppress if there is competent evidence capable of supporting the court’s findings, and the decision is not contrary to the manifest weight of the evidence.

When a law enforcement officer approaches a parked vehicle to inquire in a conversational manner whether an occupant is okay or needs assistance, the officer is engaged in community caretaking. A community caretaking encounter can lead to a lawful seizure under the Fourth Amendment, provided the officer undertakes the caretaking encounter to aid a person in apparent need of assistance, and during the encounter the officer develops a reasonable and articulable suspicion of criminal activity.


Briefs

Filing Date Description
11/05/2020 APPELLANT BRIEF View
12/07/2020 APPELLEE BRIEF View
12/21/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Adam Justinger - 08635
APPELLEE ASST. CITY ATTORNEY Stephen Roger Hanson - 08585

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

Seq. # Filing Date Description Attachment
1 08/19/2020 NOTICE OF APPEAL : 08/19/2020
2 08/19/2020 ORDER FOR TRANSCRIPT : 08/20/2020
3 08/20/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 08/20/2020 Notice Served on Adam Justinger, Stephen R. Hanson II and Sarah M. Wear
5 09/28/2020 ELECTRONIC TRANSCRIPT DATED JULY 8, 2020
6 09/28/2020 TRANSCRIPT C.O.S.
7 10/09/2020 ELEC. RECORD ON APPEAL DATED OCTOBER 8, 2020 (ENTRY NOS. 1-20, 22-43)(Rec'd by U.S. Mail - 21)
8 10/09/2020 AMENDED ELEC. RECORD ON APPEAL DATED OCTOBER 8, 2020(ENTRY NOS. 1-20,22-44)(Rec'd by U.S. Mail - 21
9 10/13/2020 CD received in mail from district court (entry 21)
10 11/05/2020 APPELLANT BRIEF View
11 11/05/2020 APPELLANT APPENDIX
12 11/06/2020 Oral Argument Request by Appellant
13 11/09/2020 Rec'd 5 copies of ATB & 4 copies of ATA from CSD
14 12/07/2020 APPELLEE BRIEF View
15 12/08/2020 Oral Argument Request by Appellee
16 12/10/2020 Rec'd 5 copies of AEB from CSD
17 12/21/2020 REPLY BRIEF View
18 12/21/2020 NOTICE OF ORAL ARGUMENT SENT
19 12/23/2020 Rec'd 5 copies of RYB from CSD
20 01/14/2021 APPEARANCES: Adam Justinger/Stephen R. Hanson II
21 01/14/2021 ARGUED: Adam Justinger/Stephen R. Hanson II
22 01/14/2021 ORAL ARGUMENT WEBCAST
23 05/06/2021 DISPOSITION
24 05/06/2021 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
25 05/06/2021 Judgment
26 05/28/2021 MANDATE
27 06/02/2021 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE