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State v. Adams

Docket No. 20090383
Oral Argument: Monday, May 24, 2010 4:00pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Stephen Paul Adams, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 08-K-02995
East Central Judicial District, Cass County
Frank L. Racek
2010 ND 184788 N.W.2d 619

Highlight

Those who voluntarily choose to live with probationers assume the risk that they, too, will have diminished Fourth Amendment rights in areas shared with the probationer.
What may be considered outside the scope of general consent and thus an unreasonable search may be considered reasonable under the terms of a court-ordered condition allowing for the warrantless search of a probationer.


Briefs

Filing Date Description
02/23/2010 APPELLANT BRIEF (e-filed) View
03/23/2010 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Gary E Euren - 04052
APPELLANT COURT APPOINTED Mark Taylor Blumer - 04669

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

Seq. # Filing Date Description Attachment
1 12/17/2009 NOTICE OF APPEAL : 12/16/2009
2 12/21/2009 Notice of Assignment of Counsel ------ Mark Blumer
3 12/23/2009 ORDER FOR TRANSCRIPT : 12/23/2009
4 01/14/2010 Certificate of Electronic RECORD ON APPEAL
5 01/14/2010 TRANSCRIPT DATED December 7, 2009 & C.O.S.
6 01/14/2010 DISK - TRA of 12-7-09
7 02/23/2010 APPELLANT BRIEF (e-filed) View
8 02/23/2010 E-FILED BRIEF (ATB)
9 02/23/2010 APPELLANT APPENDIX (e-filed)
10 02/23/2010 E-FILED APPENDIX (ATA)
11 02/24/2010 Receipt $25 surcharge for ATB (Receipt #19368)
12 03/02/2010 Received 7 copies of ATB from CSD
13 03/02/2010 Received 6 copies of ATA from CSD
14 03/23/2010 APPELLEE BRIEF View
15 03/23/2010 E-FILED BRIEF - AEB
16 03/29/2010 Received $25 surcharge for AEB (Receipt #19421)
17 04/01/2010 Received copies of Appellee's Brief from CSD
18 04/20/2010 NOTICE OF ORAL ARGUMENT SENT
19 05/11/2010 Request for waiver of oral argument on behalf of Appellant
20 05/11/2010 E-FILED MOTION (Request for waiver of oral argument on behalf of Appellant)
21 05/12/2010 ACTION BY SUPREME COURT (Motion to waive on behalf of Appellant) - Granted
22 05/12/2010 Motion to waive oral argument on behalf of Appellee. Sua Sponte under Rule 34(a)(2)
23 05/12/2010 ACTION BY SUPREME COURT (Motion to waive on behalf of Appellee. Sua Sponte under Rule 34(a)(2) - Granted
24 05/12/2010 APPEARANCES:Arguments waived under N.D.R.App.P. 34(f), submitted on briefs and records
25 05/12/2010 ARGUED:Waived under N.D.R.App.P. 34(f)
26 09/21/2010 DISPOSITION
27 09/21/2010 SPLIT OPINION : Sandstrom, Dale V. View
28 09/21/2010 DISSENT : Kapsner, Carol Ronning
29 09/21/2010 JOIN IN THE DISSENT : Maring, Mary Muehlen
30 09/22/2010 Judgment Sent to Parties
31 09/30/2010 PETITION FOR REHEARING (e-filed) PDF View
32 09/30/2010 E-FILED PETITION FOR REHEARING (PDF)
33 10/04/2010 Received 7 copies of PER from Central Duplicating.
34 10/19/2010 ACTION BY SUPREME COURT (PER) - Denied
35 10/29/2010 MANDATE
36 11/02/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
37 02/10/2021 EXPUNGED - Nonpermanent record items destroyed