State v. Schmalz
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Steven R. Schmalz, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : DRUGS/CONTRABAND
- Appeal From
-
Case No. 06-K-0932
South Central Judicial District, Morton County
Bruce B. Haskell
Highlight
Probable cause exists when the facts and circumstances relied upon by the judge who issues the warrant would lead a person of reasonable caution to believe the contraband or evidence sought probably will be found in the place to be searched.
"Bare-bones" information is not sufficient to satisfy the probable cause requirement for a warrant.
The determination of whether probable cause exists to issue a search warrant is a question of law.
Simply because a warrant application contains some information that is not relevant, or is, in and of itself, insufficient to create probable cause, does not necessarily mean probable cause did not exist to validly issue the warrant.
While the our state constitution may, in certain instances, provide greater individual rights than those afforded under the federal constitution, like the Fourth Amendment, Article I, section 8 of the North Dakota Constitution is not implicated unless a reasonable expectation of privacy is invaded.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | STATE'S ATTORNEY | Allen M Koppy - 04201 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/08/2007 | NOTICE OF APPEAL : 05/04/2007 | |
| 2 | 05/25/2007 | (This case is consolidated w/20070128; make all docket entries, except DIS & MAN, in this case) | |
| 3 | 05/31/2007 | RECORD ON APPEAL | |
| 4 | 06/13/2007 | ORDER FOR TRANSCRIPT of suppression hearing dated February 7, 2007 and February 9, 2007 : 06/13/2007 | |
| 5 | 06/13/2007 | MOT. EXT/TIME APPELLANT BRIEF | |
| 6 | 06/13/2007 | ACTION BY Chief Deputy Clerk - Granted : 06/29/2007 | |
| 7 | 06/15/2007 | SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD ENTRIES 42 & 43 | |
| 8 | 06/20/2007 | TRANSCRIPT DATED 2/7/07 & 2/9/07 | |
| 9 | 06/20/2007 | DISK-tra (2/7/07 & 2/9/07) | |
| 10 | 06/25/2007 | Received Certificate of Service of TRA | |
| 11 | 06/28/2007 | APPELLANT BRIEF | View |
| 12 | 06/28/2007 | APPELLANT APPENDIX | |
| 13 | 06/29/2007 | DISK (ATB) | |
| 14 | 07/25/2007 | APPELLEE BRIEF (Burleigh Co.)(20070128) | View |
| 15 | 07/25/2007 | Affidavit of Service by Mail of the AEB on opposing counsel in 20070128 | |
| 16 | 07/25/2007 | DISK - (Burleigh Co. AEB) (20070128) (e-mailed) | |
| 17 | 07/31/2007 | Consent to Appearance under Limited Practice Rule by State's Attorney in 20070128 w/Aff. Mailing | |
| 18 | 08/15/2007 | Letter dated 8/15/07 from Mr. Koppy stating he is joining in the AEB of Burleigh County. | |
| 19 | 10/23/2007 | APPEARANCES: Jodi L. Colling; Lloyd C. Suhr; Allen M. Koppy | |
| 20 | 10/23/2007 | ARGUED: Colling; Suhr | |
| 21 | 10/23/2007 | ORAL ARGUMENT WEBCAST | |
| 22 | 02/21/2008 | DISPOSITION | |
| 23 | 02/21/2008 | SPLIT OPINION : Kapsner, Carol Ronning | View |
| 24 | 02/21/2008 | (CONCUR) : Crothers, Daniel John | |
| 25 | 02/22/2008 | Judgment E-Mailed to Parties | |
| 26 | 03/14/2008 | MANDATE | |
| 27 | 03/24/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 28 | 03/31/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 29 | 03/31/2008 | Corrected Opinion Page 9 | |
| 30 | 11/02/2017 | EXPUNGED - Nonpermanent record items destroyed |