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State v. Hurt

Docket No. 20070081
Oral Argument: Monday, October 29, 2007 10:10am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Brian Shawn Hurt, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 06-K-01542
East Central Judicial District, Cass County
Douglas R. Herman
2007 ND 192743 N.W.2d 102
Oral Argument 10/29/2007

Highlight

In a review of a district court's decision to grant or deny a motion to suppress, the district court's findings of fact are given deference, and conflicts in testimony are resolved in favor of affirmance.
One exception to the warrant requirement is voluntary consent by the individual whose property is searched, or by a third party who possesses common authority over the premises.
The Fourth Amendment does not require law enforcement to provide co-occupants opportunity to assert their Fourth Amendment rights at the door; rather, the protections provide that a physically present co-occupant, who expressly refuses to permit the search despite the consent of his fellow occupant, renders the warrantless search unreasonable as to him.
The co-occupant who is not present at the door and does not refuse the search at the time his fellow occupant provides consent "loses out" on his opportunity to exclude evidence gathered in a common-area, co-occupant consent search.


Briefs

Filing Date Description
06/04/2007 APPELLANT BRIEF View
06/29/2007 APPELLEE BRIEF (e-filed) View
07/09/2007 REPLY BRIEF (e-filed) View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Reid Alan Brady - 05696

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

Seq. # Filing Date Description Attachment
1 03/23/2007 NOTICE OF APPEAL : 03/20/2007
2 03/23/2007 ORDER FOR TRANSCRIPT (Stacy Brekke, Court Recorder - per tr. ct) : 03/20/2007
3 03/26/2007 TRANSCRIPT DATED September 13, 2006
4 03/26/2007 DISK of tra dtd 9-13-06
5 03/28/2007 Certificate of Service for tra dtd 9-13-06
6 04/18/2007 RECORD ON APPEAL w/Separate (Entry No. 66). Not rec'd-Entry Nos. 13,17,23,37,41,&58
7 05/03/2007 MOT. EXT/TIME APPELLANT BRIEF
8 05/03/2007 E-FILED MOTION (MAT)
9 05/04/2007 ACTION BY CLERK (MAT) - Granted : 06/04/2007
10 06/06/2007 Received $25 surcharge for ATB (Receipt 17568)
11 06/04/2007 APPELLANT BRIEF View
12 06/04/2007 E-FILED BRIEF - ATB
13 06/04/2007 APPELLANT APPENDIX
14 06/04/2007 E-FILED APPENDIX (ATA)
15 06/08/2007 Received 7 copies of ATB from Central Duplicating.
16 06/08/2007 Received 6 copies of ATA from Central Duplicating.
17 06/29/2007 APPELLEE BRIEF (e-filed) View
18 06/29/2007 E-FILED BRIEF (AEB)
19 06/29/2007 APPELLEE APPENDIX
20 07/02/2007 Affidavit of Service of AEA
21 07/02/2007 Received $25 surcharge for AEB (Receipt #17611)
22 07/06/2007 Received 7 copies of AEB from Central Duplicating
23 07/09/2007 REPLY BRIEF (e-filed) View
24 07/09/2007 E-FILED BRIEF (RYB)
25 07/16/2007 Received 7 copies of RYB from Central Duplicating.
26 10/29/2007 APPEARANCES: Jesse N. Lange; Reid A. Brady
27 10/29/2007 ARGUED: Lange; Brady
28 12/13/2007 DISPOSITION
29 12/13/2007 UNANIMOUS OPINION : Kapsner, Carol Ronning View
30 12/14/2007 Judgment e-mailed to Parties
31 01/07/2008 MANDATE
32 01/10/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
33 11/01/2017 EXPUNGED - Nonpermanent record items destroyed