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State v. Alaniz

Docket No. 20110259
Oral Argument: Wednesday, February 15, 2012 1:30pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Christian Antonio Alaniz, Jr., Defendant and Appellant
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 2011-CR-00291
Northeast Central Judicial District, Grand Forks County
Joel D. Medd
2012 ND 76815 N.W.2d 234
Oral Argument 2/15/2012

Highlight

The Fourth Amendment right to be free from unreasonable searches applies to searches by school authorities, and the legality of the search depends on its reasonableness.
A search by a school official is reasonable if the search was justified at its inception and the search was reasonably related in scope to the circumstances which justified the interference in the first place.
Generally, the reasonableness standard for school searches will apply when the search involves a school resource officer acting on his or her own initiative or at the direction of other school officials to further educationally related goals.


Briefs

Filing Date Description
11/30/2011 APPELLANT BRIEF (e-filed) View
12/29/2011 APPELLEE BRIEF (e-filed) View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY David Thomas Jones - 03581
APPELLANT COURT APPOINTED Daniel James Borgen - 06007

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

Seq. # Filing Date Description Attachment
1 09/09/2011 NOTICE OF APPEAL : 09/09/2011
2 09/09/2011 ORDER FOR TRANSCRIPT : 09/09/2011
3 10/28/2011 TRANSCRIPTS DATED July 21, 2011 & September 8, 2011 (2 vols.) & C.O.S.
4 10/28/2011 DISK - tra (7/21/11 & 9/8/11) (e-mailed)
5 11/09/2011 Clerk's Certificate of Record (no entries indicated on certificate)
6 11/10/2011 RECORD ON APPEAL (Image Nos. 1 to 40) (#41 is Clerk's Certificate on Appeal)
7 11/30/2011 APPELLANT BRIEF (e-filed) View
8 11/30/2011 E-FILED BRIEF (ATB)
9 11/30/2011 APPELLANT APPENDIX (e-filed)
10 11/30/2011 E-FILED APPENDIX (ATA)
11 12/06/2011 Rec'd 7 copies ATB from Central Duplicating.
12 12/06/2011 Rec'd 6 copies ATA from Central Duplicating.
13 12/22/2011 E-filing surcharge for ATB paid 12/22/11 through inter-departmental billing.
14 12/29/2011 Consent to Appearance Under the Senior Practice Rule (Jennifer Albaugh) (e-filed)
15 12/29/2011 APPELLEE BRIEF (e-filed) View
16 12/29/2011 E-FILED BRIEF (AEB)
17 12/29/2011 APPELLEE APPENDIX (e-filed)
18 12/29/2011 E-FILED APPENDIX (AEA)
19 01/03/2012 Received $25 surcharge for AEB (Receipt #20806)
20 01/04/2012 Received 7 copies of AEB from CSD
21 01/04/2012 Received 6 copies of AEA from CSD
22 01/18/2012 NOTICE OF ORAL ARGUMENT SENT
23 02/06/2012 Request for Radio/TV Coverage (AP)
24 02/06/2012 E-FILED MOTION
25 02/06/2012 ACTION BY CLERK - Granted
26 02/15/2012 APPEARANCES: Daniel J. Borgen; David T. Jones
27 02/15/2012 ARGUED: Daniel J. Borgen; David T. Jones
28 02/15/2012 ORAL ARGUMENT WEBCAST
29 04/10/2012 DISPOSITION
30 04/10/2012 UNANIMOUS OPINION : VandeWalle, Gerald W. View
31 04/10/2012 Judgment Sent to Parties
32 05/08/2012 MANDATE
33 05/14/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
34 07/19/2021 EXPUNGED - Nonpermanent record items destroyed