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State v. Guscette

Docket No. 20030177
Oral Argument: Tuesday, January 6, 2004 4:00pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Stephanie Jonell Guscette, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 03-K-00417
East Central Judicial District, Cass County
Norman J. Backes
2004 ND 71678 N.W.2d 126

Highlight

A person is seized under the Fourth Amendment if, in view of all the surrounding circumstances, a reasonable person would believe he or she is not free to leave the area.
A seizure does not occur under the Fourth Amendment simply because a law enforcement officer asks a person questions, and as long as reasonable persons would feel free to disregard the officer and go about their business, the encounter is consensual and no reasonable suspicion of criminal activity is required.
Consent to a search is voluntary if, under the totality of the circumstances, it is the product of an essentially free choice and not the product of coercion.


Briefs

Filing Date Description
10/20/2003 APPELLANT BRIEF View
11/21/2003 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Lisa K Fair McEvers - 05396

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

Seq. # Filing Date Description Attachment
1 06/19/2003 NOTICE OF APPEAL : 06/16/2003
2 06/19/2003 ORDER FOR TRANSCRIPT : 06/16/2003
3 07/18/2003 RETENTION OF RECORD ON APPEAL : 08/05/2003
4 07/22/2003 TRANSCRIPT DATED April 30, 2003
5 07/22/2003 DISK - TRA 4-30-03 (e-mailed)
6 08/01/2003 RECORD ON APPEAL Not forwarded with the record were Entry Nos. 8, 16 and 25 (Tapes)
7 08/22/2003 Response of counsel for AT to 8-1-03 letter re appealability w/ attachments
8 08/29/2003 MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support (faxed)
9 08/29/2003 E-FILED MOTION Ext/Time/ATB
10 08/29/2003 ACTION BY CLERK - Granted : 09/30/2003
11 09/30/2003 MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support (faxed)
12 09/30/2003 E-FILED MOTION Ext/Time/ATB
13 09/30/2003 ACTION BY CHIEF JUSTICE - Granted : 10/20/2003
14 10/20/2003 APPELLANT BRIEF View
15 10/20/2003 APPELLANT APPENDIX
16 10/21/2003 DISK - ATB
17 11/21/2003 APPELLEE BRIEF View
18 11/21/2003 APPELLEE APPENDIX
19 11/25/2003 DISK - AEB
20 01/05/2004 Stipulation to Waive Oral Argument
21 01/05/2004 ACTION BY SUPREME COURT - Granted
22 01/06/2004 APPEARANCES: submitted on briefs under N.D.R.App.P. 34(f)
23 01/06/2004 ARGUED: submitted on briefs under N.D.R.App.P. 34(f) (Vol. Y; Page 193)
24 04/13/2004 DISPOSITION
25 04/13/2004 SPLIT OPINION : Kapsner, Carol Ronning View
26 04/13/2004 Dissent : Maring, Mary Muehlen
27 04/13/2004 Dissent : VandeWalle, Gerald W.
28 04/15/2004 Judgment Mailed to Parties
29 05/05/2004 MANDATE
30 05/12/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
31 10/25/2010 EXPUNGED - Nonpermanent record items destroyed