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Richter v. N.D. Dep't of Transportation

Docket No. 20100026
Oral Argument: Tuesday, May 25, 2010 10:45am

Docket Info

Title
Matthew John Richter, Petitioner and Appellee
v.
North Dakota Department of
Transportation, Respondent and Appellant
Case Type
CIVIL APPEAL : TRANSPORTATION DEPT.
Appeal From
Case No. 09-C-00898
South Central Judicial District, Burleigh County
Robert O. Wefald
2010 ND 150786 N.W.2d 716
Oral Argument 5/25/2010

Highlight

A stop or seizure occurs under the Fourth Amendment when a law enforcement officer has in some way restrained the liberty of a citizen, and the mere approach and questioning of a person in a parked vehicle may not constitute a stop or seizure.
Criteria for evaluating whether a stop or seizure has occurred include the threatening presence of several law enforcement officers, a display of a weapon by an officer, some physical touching of the citizen, or the use of language or tone of voice indicating that compliance with the officer's request is compelled.
To the extent prior precedent holds a Fourth Amendment stop or seizure occurs whenever a law enforcement officer taps on a window of a parked motor vehicle, that precedent is overruled.
Specifications of error in an administrative appeal must identify what matters are truly at issue with sufficient specificity to fairly apprise the agency, other parties, and the court of the particular errors claimed.


Briefs

Filing Date Description
02/24/2010 APPELLANT BRIEF View
04/26/2010 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT ATT. GENERAL OFFICE Michael Trent Pitcher - 06369
APPELLEE PRIVATE PRACTICE Chad Rory McCabe - 05474

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

Seq. # Filing Date Description Attachment
1 01/21/2010 NOTICE OF APPEAL : 01/19/2010
2 01/22/2010 DISK - tra (Administrative Hearing transcript dated 3-4-09) (e-mailed)
3 02/03/2010 Letter from Michael Pitcher counsel for Appellant stating no filing fee required - Admin. Agency
4 02/17/2010 RECORD ON APPEAL including separate Transcript of Administrative Hearing dated March 4, 2009
5 02/24/2010 APPELLANT BRIEF View
6 02/24/2010 APPELLANT APPENDIX
7 02/24/2010 DISK - atb (e-mailed)
8 02/25/2010 Received copies of admin. agency docket sheet for ROA
9 03/29/2010 MOT. EXT/TIME APPELLEE BRIEF
10 03/29/2010 E-FILED MOTION (MAE)
11 03/29/2010 ACTION BY CLERK - Granted : 04/28/2010
12 04/20/2010 NOTICE OF ORAL ARGUMENT SENT
13 04/26/2010 APPELLEE BRIEF View
14 04/26/2010 E-FILED BRIEF (AEB)
15 04/27/2010 Received $25 e-filing surcharge for AEB (Receipt #19468).
16 04/29/2010 Received 7 copies of AEB from Central Duplicating.
17 05/25/2010 APPEARANCES: Michael T. Pitcher, Asst. Attny. General; Chad R. McCabe
18 05/25/2010 ARGUED: Pitcher; McCabe
19 05/25/2010 ORAL ARGUMENT WEBCAST
20 06/14/2010 Transcript pages 21 and 22 rec'd for ROA hard copy.
21 08/17/2010 DISPOSITION
22 08/17/2010 SPLIT OPINION : Maring, Mary Muehlen View
23 08/17/2010 (DISSENTING) : Kapsner, Carol Ronning
24 08/17/2010 Costs on appeal taxed in favor of appellant
25 08/19/2010 Judgment Sent to Parties
26 09/10/2010 MANDATE
27 09/14/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
28 06/07/2021 EXPUNGED - Nonpermanent record items destroyed