State v. Scholes
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Michael Scholes, Sr. Defendant and Appellant - Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
-
Case No. 06-K-1417
South Central Judicial District, Grant County
Thomas J. Schneider
Highlight
The validity of a search warrant is reviewed using the totality-of-the-circumstances approach, considering all of the information for probable cause together and testing affidavits executed in support of a warrant in a commonsense and realistic fashion.
Suppression of evidence is not required for a violation of N.D.R.Crim.P. 41 absent a showing that the defendant was prejudiced, or that the violation was an intentional and deliberate disregard of the rule, or that the violation offends the Fourth Amendment.
To succeed on a challenge to a search warrant based on a claim that law enforcement officers omitted information in the supporting affidavit, the defendant must show: (1) that law enforcement officers omitted facts with the intent to make, or in reckless disregard of whether they thereby made, the affidavit misleading; and (2) that the affidavit, if supplemented by the omitted information, would not have been sufficient to support a finding of probable cause.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 10/29/2007 | NOTICE OF APPEAL : 10/26/2007 | |
2 | 10/29/2007 | ORDER FOR TRANSCRIPT (sentencing hearing) : 10/26/2007 | |
3 | 10/31/2007 | Jessica J. Ahrendt is appointed attorney for appellant Michael Scholes replacing Kent M. Morrow | |
4 | 11/15/2007 | Supplemental Order for Preparation of Transcript (suppression hearing) | |
5 | 12/17/2007 | TRANSCRIPTS DATED APRIL 9, 2007 & OCTOBER 23, 2007 | |
6 | 12/18/2007 | DISK-TRA (4/9/07 & 10/23/07) | |
7 | 12/18/2007 | CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS | |
8 | 12/19/2007 | RECORD ON APPEAL | |
9 | 01/21/2008 | APPELLANT BRIEF (E-filed) | View |
10 | 01/21/2008 | E-FILED BRIEF (ATB) | |
11 | 01/21/2008 | APPELLANT APPENDIX (E-filed) | |
12 | 01/21/2008 | E-FILED APPENDIX (ATA) | |
13 | 01/22/2008 | Certificate of Service of ATB & ATA on opposing counsel (e-filed) | |
14 | 01/22/2008 | Received $25 surcharge for ATB (Receipt #17991) | |
15 | 01/24/2008 | Received 6 copies of ATA from Central Duplicating Services | |
16 | 01/30/2008 | Received 7 copies of ATB from Central Duplicating | |
17 | 02/25/2008 | MOT. EXT/TIME APPELLEE BRIEF (Sua Sponte) | |
18 | 02/25/2008 | ACTION BY CLERK (MAE - Sua Sponte) - Granted : 02/23/2008 | |
19 | 02/23/2008 | APPELLEE BRIEF | View |
20 | 02/23/2008 | E-FILED BRIEF - AEB | |
21 | 02/25/2008 | Received $25 surcharge for AEB (18026) | |
22 | 02/26/2008 | Received 7 copies of AEB from Central Duplicating | |
23 | 04/15/2008 | APPEARANCES: Jessica J. Ahrendt; James M. Vukelic | |
24 | 04/15/2008 | ARGUED: Ahrendt; Vukelic | |
25 | 04/15/2008 | ORAL ARGUMENT WEBCAST | |
26 | 05/23/2008 | MOTION FOR WITHDRAWAL AND SUBSTITUTION OF COUNSEL W/Brief in Support filed by Jessica J. Aherndt | |
27 | 05/23/2008 | ACTION BY CLERK - Ms. Ahrendt's Motion to Withdraw is granted and Mark Blumer is substituted as - Granted : 05/23/2008 | |
28 | 05/23/2008 | counsel for the Appellant | |
29 | 07/21/2008 | DISPOSITION | |
30 | 07/21/2008 | UNANIMOUS OPINION : Crothers, Daniel John | View |
31 | 07/21/2008 | Judgment E-Mailed to Parties | |
32 | 08/12/2008 | MANDATE | |
33 | 08/14/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
34 | 02/13/2019 | EXPUNGED - Nonpermanent record items destroyed |