Search Tips

State v. Beane

Docket No. 20090011
Oral Argument: Friday, May 1, 2009 2:45pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellant
v.
Donald Beane, Defendant and Appellee
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 07-K-00914
Northwest Judicial District, Williams County
Gerald H. Rustad
2009 ND 146770 N.W.2d 283
Oral Argument 5/1/2009

Highlight

The Fourth Amendment is not implicated by police entry upon private land to knock on a citizen's door for legitimate police purposes unconnected with a search of the premises.
Placing a suspect in handcuffs before conducting a pat-down search for weapons is constitutionally permissible when the action is based on officer safety.
When an outside clothing pat-down search reveals the presence of an object of a size and density that reasonably suggests the object might be a weapon, the searching officer is entitled to continue the search to the inner garments where the object is located in order to determine whether the object is, in fact, a weapon.
Generally, when an object recovered from a suspect during a pat-down search is a closed container, the officer may not open the container to examine its contents unless the officer can point to specific and articulable facts supporting a reasonable suspicion that the closed container poses a danger to the officer or others nearby.


Briefs

Filing Date Description
03/11/2009 APPELLANT BRIEF (e-filed) View

Counsel

Party Type Name
APPELLANT ASST. STATE'S ATTORNEY Nathan Kirke Madden - 06518

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

Seq. # Filing Date Description Attachment
1 01/13/2009 NOTICE OF APPEAL : 01/09/2009
2 01/13/2009 ORDER FOR TRANSCRIPT : 01/09/2009
3 01/13/2009 This case is consolidated w/20090012-20090015. Make all docket entries, except DIS & MAN codes,
4 01/13/2009 in this case.
5 02/09/2009 TRANSCRIPT DATED August 27, 2008
6 02/09/2009 DISK (Tra) (8-27-08) (e-mailed)
7 02/13/2009 Certificate of Service of Transcript on Mr. Beane
8 03/09/2009 RECORD ON APPEAL
9 03/11/2009 APPELLANT BRIEF (e-filed) View
10 03/11/2009 E-FILED BRIEF (ATB)
11 03/11/2009 APPELLANT APPENDIX (e-filed)
12 03/11/2009 E-FILED APPENDIX (ATA)
13 03/12/2009 Received $25 surcharge for ATB (Receipt #18753)
14 03/13/2009 Received 7 copies of ATB from Central Duplicating
15 03/13/2009 Received 6 copies of ATA from Central Duplicating
16 05/01/2009 APPEARANCES: Nathan K. Madden, Assistant State's Attorney
17 05/01/2009 ARGUED: Madden
18 05/01/2009 ORAL ARGUMENT WEBCAST
19 07/21/2009 DISPOSITION
20 07/21/2009 UNANIMOUS OPINION : Sandstrom, Dale V. View
21 07/22/2009 Judgment e-mailed to Parties
22 08/12/2009 MANDATE
23 08/26/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE