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State v. Albaugh

Docket No. 20060334
Oral Argument: Wednesday, April 4, 2007 2:45pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Ronald Gene Albaugh, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 05-K-03570
East Central Judicial District, Cass County
Douglas R. Herman
2007 ND 86732 N.W.2d 712
Oral Argument 4/4/2007

Highlight

An expectation of privacy in commercial property where the public is apparently welcome is different from, and less than, a similar expectation in an individual's home.
Plain view is a recognized exception to the search warrant requirement, which allows law enforcement to seize a clearly incriminating object without a warrant if the officers are lawfully in a position from which they view an object and the object's incriminating character is immediately apparent.
A search incident to an arrest is a recognized exception to the search warrant requirement, which allows an arresting officer to lawfully search the area within the arrestee's immediate control.
Consent is a recognized exception to the search warrant requirement, so long as the consent is given freely and voluntarily, without any threats or promises having been made.

Briefs

Filing Date Description
02/08/2007 APPELLANT BRIEF View
03/09/2007 APPELLEE BRIEF View
03/20/2007 REPLY BRIEF of Appellant (e-filed) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED William Kirschner - 03713
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 11/21/2006 NOTICE OF APPEAL : 11/20/2006
2 11/21/2006 ORDER FOR TRANSCRIPT : 11/20/2006
3 12/19/2006 RECORD ON APPEAL not including Entry Nos.13, 18, 20, 21, 36, 81, 85, 94, 107 (Court Reporter Tapes)
4 01/02/2007 TRANSCRIPT DATED JULY 19, 2006
5 01/03/2007 DISK - TRA(JULY 19, 2006) electronic copy
6 02/08/2007 APPELLANT BRIEF View
7 02/08/2007 E-FILED BRIEF (ATB)
8 02/13/2007 APPELLANT APPENDIX
9 02/14/2007 Received $25 surcharge for ATB (Receipt #17275)
10 02/20/2007 Received 7 copies of ATB from Central Duplicating
11 03/09/2007 APPELLEE BRIEF View
12 03/09/2007 E-FILED BRIEF (AEB)
13 03/14/2007 Received $25 surcharge for AEB (#17311)
14 03/16/2007 Received 7 copies of AEB from Central Duplicating
15 03/20/2007 REPLY BRIEF of Appellant (e-filed) View
16 03/20/2007 E-FILED BRIEF (RYB)
17 03/20/2007 Certificate of Service by e-mail of RYB
18 03/21/2007 Made 7 copies of RYB
19 04/04/2007 APPEARANCES: William Kirschner, Ronald Gene Albaugh; Tracy J. Peters
20 04/04/2007 ARGUED: Kirschner; Peters
21 04/04/2007 ORAL ARGUMENT WEBCAST
22 06/07/2007 DISPOSITION
23 06/07/2007 UNANIMOUS OPINION : Kapsner, Carol Ronning View
24 06/08/2007 Judgment e-mailed to Parties
25 06/29/2007 MANDATE
26 07/03/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
27 08/31/2017 EXPUNGED - Nonpermanent record items destroyed