Search Tips

State v. Odom

Docket No. 20060106
Oral Argument: Thursday, September 7, 2006 9:00am

Docket Info

Title
State of North Dakota, Plaintiff and Appellant
v.
Charles Odom, Defendant and Appellee
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 05-K-02477
South Central Judicial District, Burleigh County
Sonna M. Anderson
2006 ND 209722 N.W.2d 370
Oral Argument 9/7/2006

Highlight

Warrantless searches are unreasonable unless they fall within a recognized exception to the warrant requirement. Consent is an exception to the warrant requirement. The scope of an individual's consent is determined by considering what an objectively reasonable person would have understood the consent to include. The scope of a search is generally defined by its expressed object.
When general consent is given to search a room, no limitations are placed on the consent, the consent is not withdrawn, and the expressed object of the search is known, a police officer can reasonably search locked or closed containers within the room without a warrant.


Briefs

Filing Date Description
05/30/2006 APPELLANT BRIEF View
08/15/2006 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT ASST. STATE'S ATTORNEY Julie Ann Lawyer - 05693
APPELLEE PRIVATE PRACTICE Robert V Bolinske - 05745

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

Seq. # Filing Date Description Attachment
1 04/10/2006 NOTICE OF APPEAL : 04/06/2006
2 04/10/2006 ORDER FOR TRANSCRIPT : 04/06/2006
3 04/20/2006 TRANSCRIPT DATED March 29, 2006
4 04/20/2006 DISK - tra (3-29-06)
5 05/04/2006 RECORD ON APPEAL, w/exception of Clerk's Cert. No. 21 (Court Reporter Notes)
6 05/30/2006 APPELLANT BRIEF View
7 05/30/2006 APPELLANT APPENDIX
8 05/30/2006 DISK - atb (emailed)
9 05/30/2006 Consent to Appearance under limited practice rule - James W. Martens
10 06/06/2006 Copies of Notice of Appeal for Appellant's Appendix
11 06/27/2006 MOT. EXT/TIME APPELLEE BRIEF & BRIEF IN SUPPORT
12 06/27/2006 E-FILED MOTION (FAXED MAE)
13 06/27/2006 ACTION BY CLERK (MAE) - Granted : 07/31/2006
14 07/31/2006 MOT. EXT/TIME APPELLEE BRIEF & Brief/Support (faxed)
15 07/31/2006 E-FILED MOTION (MAE) (Faxed)
16 07/31/2006 ACTION BY ACTING CHIEF JUSTICE - Granted : 08/15/2006
17 08/15/2006 APPELLEE BRIEF View
18 08/15/2006 E-FILED BRIEF (aeb)
19 08/29/2006 Efiling surcharge for AEB received--receipt no. 17104
20 09/07/2006 APPEARANCES: Julie Ann Lawyer; Robert V. Bolinske, Jr.
21 09/07/2006 ARGUED: Lawyer; Bolinske
22 09/07/2006 ORAL ARGUMENT WEBCAST
23 10/17/2006 DISPOSITION
24 10/17/2006 UNANIMOUS OPINION : Maring, Mary Muehlen View
25 10/18/2006 Judgment Mailed to Parties
26 10/30/2006 Motion to Withdraw as Counsel and Brief in Support of Motion
27 10/30/2006 E-FILED MOTION (to Withdraw by fax)
28 10/30/2006 ACTION BY SUPREME COURT (MOT to withdraw) - Granted
29 10/30/2006 Mot. Ext/Time Petition for Rehearing
30 10/30/2006 E-FILED MOTION (for extension by fax)
31 10/30/2006 ACTION BY SUPREME COURT (MPR) - Granted : 12/04/2006
32 12/22/2006 MANDATE
33 01/11/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
34 08/18/2016 EXPUNGED - Nonpermanent record items destroyed