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State v. Gay

Docket No. 20070348
Oral Argument: Tuesday, March 4, 2008 10:45am

Docket Info

Title
State of North Dakota, Plaintiff and Appellant
v.
David Gay, Defendant and Appellee
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 07-K-00468
Northwest Judicial District, Williams County
Gerald H. Rustad
2008 ND 84748 N.W.2d 408
Oral Argument 3/4/2008

Highlight

Under the Fourth Amendment, a seizure occurs whenever an officer stops an individual and restrains his freedom, and that seizure must be reasonable.
A search, under the Fourth Amendment, occurs when the government intrudes upon an individual's reasonable expectation of privacy.
A pat-down search is not simply a routine preliminary to a more extensive search.
The exclusionary rule prohibits the admission of physical and testimonial evidence gathered illegally.


Briefs

Filing Date Description
12/20/2007 APPELLANT BRIEF View
01/31/2008 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE COURT APPOINTED Faron Eugene Terry - 04925
APPELLANT STATE'S ATTORNEY Nicole Ellan Foster - 05865

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

Seq. # Filing Date Description Attachment
1 11/29/2007 NOTICE OF APPEAL : 11/02/2007
2 11/29/2007 ORDER FOR TRANSCRIPT : 11/02/2007
3 11/28/2007 TRANSCRIPT DATED November 1, 2007
4 11/29/2007 DISK - TRA November 1, 2007
5 12/12/2007 RECORD ON APPEAL. Not included was Entry No. 39 (Clerical Error).
6 12/20/2007 Received $25 surcharge for ATB (Receipt 17963)
7 12/20/2007 APPELLANT BRIEF View
8 12/20/2007 E-FILED BRIEF - ATB
9 12/20/2007 APPELLANT APPENDIX
10 12/28/2007 Received 7 copies of ATB from Central Duplicating.
11 01/16/2008 MOT. EXT/TIME APPELLEE BRIEF (faxed)
12 01/16/2008 E-FILED MOTION (Mot/Ext/AEB) (Faxed)
13 01/18/2008 ACTION BY CLERK (Mot/Ext/AEB) - Granted : 02/05/2008
14 01/22/2008 Received written confirmation Mr. Terry will continue to represent appellee.
15 01/31/2008 APPELLEE BRIEF View
16 02/05/2008 Corrected TOA & P. 7 for AEB
17 02/05/2008 DISK - aeb (E-mailed)
18 03/04/2008 APPEARANCES: Nicole E. Foster; Faron E. Terry
19 03/04/2008 ARGUED: Foster; Terry
20 03/04/2008 ORAL ARGUMENT WEBCAST
21 05/15/2008 DISPOSITION
22 05/15/2008 SPLIT OPINION : Kapsner, Carol Ronning View
23 05/15/2008 (DISSENT) : Sandstrom, Dale V.
24 05/15/2008 (JOINED IN THE DISSENT) : Maring, Mary Muehlen
25 05/16/2008 Judgment e-mailed to Parties
26 05/19/2008 Mot. Ext/Time Petition for Rehearing (faxed)
27 05/19/2008 E-FILED MOTION (Mot/Ext/Pet/Rehearing) (faxed)
28 05/19/2008 ACTION BY CLERK (Mot/Ext/Pet/Rehearing) - Granted : 06/13/2008
29 06/12/2008 PETITION FOR REHEARING (e-filed) View
30 06/12/2008 E-FILED BRIEF (PER)
31 06/12/2008 Affidavit of Service of Petition for Rehearing
32 06/18/2008 Received copies of Petition for Rehearing from Central Duplicating Services
33 06/25/2008 ACTION BY SUPREME COURT (Pet/Rehearing) - Denied
34 07/09/2008 MANDATE
35 07/22/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
36 04/17/2019 EXPUNGED - Nonpermanent record items destroyed