Richter v. N.D. Dep't of Transportation
- Matthew John Richter, Petitioner and Appellee
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
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.
(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|
|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|
|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.|
|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|
|27||09/14/2010||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|28||06/07/2021||EXPUNGED - Nonpermanent record items destroyed|