State v. Driscoll
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Michelle Renae Driscoll, a/k/a
Michelle Pricilla Driscoll, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : DRUGS/CONTRABAND
- Appeal From
-
Case No. 03-K-00792
East Central Judicial District, Cass County
Georgia Dawson
Highlight
A magistrate's probable-cause decision is reviewed using a totality-of-the-circumstances test. A substantial basis for the magistrate's conclusion must exist.
To establish probable cause for a search, there must be a nexus between the place to be searched and the contraband sought, and circumstantial evidence can establish this nexus.
Unsupported and conclusory statements are alone insufficient to establish probable cause.
If an accepted, reasonable theory of probable cause subsequently proves to be untrue or unfounded, it does not retroactively undermine a previously correct conclusion that probable cause to search existed, invalidate a properly issued search warrant, or release a criminal actor from culpability for crimes uncovered during the execution of the search warrant.
In executing a valid search warrant, police may inspect and open any item that could reasonably contain the objects of the search, regardless of whether these items are personal or private or specifically particularized in the search warrant.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | ASST. STATE'S ATTORNEY | Tracy Jo Peters - 05432 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/22/2004 | NOTICE OF APPEAL : 10/21/2004 | |
| 2 | 11/17/2004 | ORDER FOR TRANSCRIPT (Copies of letters from Barbara Artz to Steven Randall) : 11/09/2004 | |
| 3 | 11/18/2004 | RETENTION OF RECORD ON APPEAL : 12/29/2004 | |
| 4 | 11/24/2004 | MOT. EXT/TIME APPELLANT BRIEF | |
| 5 | 11/24/2004 | ACTION BY CLERK (Ext. to 30 days after TRA is filed) - Granted : 01/09/2005 | |
| 6 | 12/10/2004 | TRANSCRIPTS DATED May 3, 2004 & May 4, 2004 (2 vols.) | |
| 7 | 12/15/2004 | DISKS (2) (TRA)(5/3/04 & 5/4/04) | |
| 8 | 12/17/2004 | RECORD ON APPEAL (2 Vol) including separate exhibits and transcripts dated 11-17-03 and 04-21-04 | |
| 9 | 12/17/2004 | Not sent with the ROA were Nos. 11, 21, 28, 33, 42, 97 & 181 (Tapes), Nos. 108 & 164 & 198 | |
| 10 | 12/17/2004 | (Steno Notes), No. 124 (State's Exhibit #4) No. 125 (State's Exhibit #5), No. 126 (State's Exh. #6) | |
| 11 | 12/17/2004 | No. 127 (State's Exh #7), No. 128 (State's Exh #8), No. 129 (State's Exh. #9), No. 132 | |
| 12 | 12/17/2004 | (State's Exh #12), No. 133 (State's Exh #13), No. 134 (State's Exh #14), No. 135 (State's Exh #15) | |
| 13 | 12/17/2004 | No. 136 (State's Exh #16), No. 137 (State's Exh #17), No. 138 (State's Exh 17A), | |
| 14 | 12/17/2004 | No. 139 (Defense Exh #18), No. 149 (Defendant's Exh #27) | |
| 15 | 12/23/2004 | MOTION FOR Bond Pending Appeal (faxed) (dated October 26, 2004) | |
| 16 | 12/27/2004 | Original Motion for Bond Pending Appeal | |
| 17 | 12/27/2004 | Affidavit in Support of Motion for Bail Pending Appeal (faxed) (dated December 27, 2004) | |
| 18 | 01/05/2005 | ACTION BY SUPREME COURT (Motion for Bond Pending Appeal) - Denied | |
| 19 | 01/10/2005 | MOT. EXT/TIME APPELLANT BRIEF (faxed) | |
| 20 | 01/10/2005 | E-FILED MOTION (Mot/Ext/ATB) | |
| 21 | 01/10/2005 | ACTION BY CHIEF DEPUTY CLERK (ATB) - Granted : 01/18/2005 | |
| 22 | 01/11/2005 | Original Mot/Ext/Time/ATB (same as faxed copy filed 1-10-05) | |
| 23 | 01/18/2005 | APPELLANT BRIEF | View |
| 24 | 01/18/2005 | APPELLANT APPENDIX | |
| 25 | 01/19/2005 | Affidavit of Service by Mail on January 18, 2005 | |
| 26 | 01/19/2005 | DISK - atb | |
| 27 | 02/16/2005 | MOT. EXT/TIME APPELLEE BRIEF | |
| 28 | 02/16/2005 | E-FILED MOTION | |
| 29 | 02/18/2005 | ACTION BY CLERK - Granted : 03/09/2005 | |
| 30 | 02/24/2005 | Supplemental Clerk's Certificate dated 2-23-05 (Entry No. 210) | |
| 31 | 02/28/2005 | Supplemental Clerk's Certificate dated 2-25-05 (Entry No. 209) | |
| 32 | 03/09/2005 | APPELLEE BRIEF | View |
| 33 | 03/09/2005 | APPELLEE APPENDIX | |
| 34 | 09/10/2005 | DISK - AEB | |
| 35 | 03/23/2005 | REPLY BRIEF of Appellant | View |
| 36 | 03/24/2005 | DISK - ryb | |
| 37 | 04/20/2005 | APPEARANCES:Dennis D. Fisher; Tracy J. Peters | |
| 38 | 04/20/2005 | ARGUED: Fisher; Peters (Vol. Z; Page 111) | |
| 39 | 04/20/2005 | ORAL ARGUMENT WEBCAST | |
| 40 | 06/02/2005 | DISPOSITION | |
| 41 | 06/02/2005 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 42 | 06/06/2005 | Judgment Mailed to Parties | |
| 43 | 06/24/2005 | MANDATE | |
| 44 | 06/28/2005 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 45 | 07/12/2005 | Corrected Opinion Page 9 | |
| 46 | 11/28/2011 | EXPUNGED - Nonpermanent record items destroyed |