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State v. Parizek

Docket No. 20030085
Oral Argument: Monday, January 5, 2004 1:30pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Steven Parizek, Defendantand Appellant
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 02-K-982
Northeast Judicial District, Ramsey County
Lee A. Christofferson
2004 ND 78678 N.W.2d 154
Oral Argument 1/5/2004

Highlight

Police officers may freeze a situation and conduct a limited investigative stop of persons present at the scene of a recently committed crime without violating the Fourth Amendment.
A law enforcement officer may conduct a frisk or pat down search of a person only when the officer possesses an articulable suspicion the individual is armed and dangerous.
Certainty that an object is a weapon is not required before an officer may continue a pat down search to the inner clothing site where the object is located.
Generally, where an object recovered from a suspect during a pat down search is a closed container, the officer may not open the container to examine its contents unless the officer can point to specific and articulable facts supporting a reasonable suspicion that the closed container poses a danger to the officer or others nearby.
Evidence obtained by unlawful police conduct is admissible if the prosecution proves by a preponderance of the evidence that the evidence would have inevitably been discovered by lawful means.

Briefs

Filing Date Description
11/07/2003 APPELLANT BRIEF View
12/05/2003 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kerry Shannon Rosenquist - 04905
APPELLEE STATE'S ATTORNEY Lonnie Olson - 04526

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

Seq. # Filing Date Description Attachment
1 03/28/2003 NOTICE OF APPEAL : 03/27/2003
2 03/28/2003 ORDER FOR TRANSCRIPT : 03/27/2003
3 03/28/2003 This case is consolidated with 20030086 through 20030088. Make all docket entries in this case.
4 04/24/2003 RECORD ON APPEAL (not received exhibits(entries 71-113))
5 05/06/2003 Letter from Mr. Parizek advising that Kerry Rosenquist is appointed to represent him
6 05/06/2003 Supplemental Clerk's Certificate dated 5-5-03 (Entry Nos. 134-138)
7 05/16/2003 TRANSCRIPTS DATED March 11, 2003, March 12, 2003 and March 18, 2003
8 05/16/2003 DISK - TRAs dated Mar 11, 2003, Mar 12, 2003 and Mar 18, 2003
9 05/19/2003 Certificate of Service of TRAs
10 06/06/2003 Supplemental Clerk's Certificate dated 6-5-03 (Entry Nos. 139-143)
11 06/06/2003 MOT. EXT/TIME APPELLANT BRIEF
12 06/06/2003 ACTION BY CLERK (ATB is due 30 days after final TRA is filed; 8-25-03 is appox. date) - Granted : 08/25/2003
13 06/30/2003 Ltr from Kerry Rosenquist to Penny Miller re additional transcripts.
14 08/13/2003 MOT. EXT/TIME APPELLANT BRIEF (sua sponte)
15 08/13/2003 ACTION BY CLERK (sua sponte) - Granted : 11/07/2003
16 08/15/2003 Supplemental Clerk's Certificate dated 8-14-03 (Entry Nos. 144-147)
17 08/22/2003 Ltr fm Kerry S. Rosenquist dtd 8-21-2003, re transcript and ATB deadline
18 09/17/2003 Copy of Letter from Judge Lee Christofferson to Kerry Rosenquist dtd 9-16-03
19 10/09/2003 TRANSCRIPTS DATED February 3, 2003 and March 11, 2003
20 09/08/2003 DISK - TRAs of Feb 3, 2003 & Mar 11, 2003 (2disks)
21 11/07/2003 APPELLANT BRIEF View
22 11/19/2003 APPELLANT APPENDIX
23 11/20/2003 DISK - atb
24 11/24/2003 TRANSCRIPT OF NOVEMBER 26, 2002
25 11/24/2003 DISK - TRA of Nov. 26, 2002, (scanned)
26 12/05/2003 APPELLEE BRIEF View
27 12/11/2003 Corrected Table of Authorities for AEB
28 12/11/2003 DISK - aeb
29 01/05/2004 APPEARANCES: Kerry S. Rosenquist; Lonnie Olson
30 01/05/2004 ARGUED: Rosenquist; Olson (Vol Y; Page 190)
31 01/05/2004 ORAL ARGUMENT WEBCAST
32 04/13/2004 DISPOSITION
33 04/13/2004 UNANIMOUS OPINION : Neumann, William A. View
34 04/14/2004 Order/Judgment Mailed to Parties
35 05/03/2004 Ltr fm Parizek dtd 4-29-04 re: opinion
36 05/05/2004 MANDATE
37 05/07/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
38 05/10/2004 Letter from Mr. Parizek dated 5-6-04 re: petition for rehearing
39 03/05/2010 EXPUNGED - Nonpermanent record items destroyed