State v. Hart
Docket No. 20130165
Oral Argument:
Tuesday, December 3, 2013 9:30am
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Alicia Marie Hart, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : DRUGS/CONTRABAND
- Appeal From
-
Case No. 2012-CR-02071
South Central Judicial District, Burleigh County
Sonna M. Anderson
2014 ND 4841 N.W.2d 735
Oral Argument
12/3/2013
Highlight
Police may conduct a warrantless protective sweep inside a home when officers possess a reasonable belief, based on specific and articulable facts, which, taken together with rational inferences drawn from those facts, reasonably warrant the officer in believing that the area to be swept harbors an individual posing a danger to the officer or others.
A warrantless protective sweep of a home is not justified when officers rely on evidence seized from a different residence and the only connection between the two houses is the fact that one of the suspects was previously at the first residence searched and then left.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/30/2013 | NOTICE OF APPEAL : 05/29/2013 | |
| 2 | 05/30/2013 | ORDER FOR TRANSCRIPT : 05/29/2013 | |
| 3 | 06/28/2013 | ELEC. RECORD ON APPEAL DATED June 27, 2013 (ENTRY NOS.1-61,62,64,66-69,71-88)(not sent 62,63,65,70) | |
| 4 | 07/18/2013 | TRANSCRIPTs DATED March 1, 2013; April 5, 2013; and May 8, 2013 & C.O.S. | |
| 5 | 07/18/2013 | Transcripts dated March 1, 2013; April 5, 2013; & May 8, 2013 (e-mailed) | |
| 6 | 08/27/2013 | MOT. EXT/TIME APPELLANT BRIEF | |
| 7 | 08/27/2013 | E-FILED MOTION | |
| 8 | 08/27/2013 | ACTION BY CLERK - Granted : 09/26/2013 | |
| 9 | 09/26/2013 | APPELLANT BRIEF | View |
| 10 | 09/26/2013 | E-FILED BRIEF | |
| 11 | 09/26/2013 | APPELLANT APPENDIX | |
| 12 | 09/26/2013 | E-FILED APPENDIX | |
| 13 | 09/30/2013 | Rec'd $25 e-file surcharge for the ATB (receipt #22249) | |
| 14 | 10/02/2013 | Rec'd non-substantive corrections to ATB (paragraph numbering) | |
| 15 | 10/02/2013 | MOTION FOR Consolidation with 20130168 - RspDue : 10/10/2013 | |
| 16 | 10/02/2013 | E-FILED MOTION | |
| 17 | 10/02/2013 | ACTION BY CLERK (Motion for Consolidation) - Granted | |
| 18 | 10/03/2013 | Rec'd 7 copies of ATB & 6 copies of ATA from Central Duplicating | |
| 19 | 10/15/2013 | This case is consolidated w/ 20130168. Make all entries except ROA, DIS, & MAN in this case. | |
| 20 | 10/16/2013 | MOT. EXT/TIME APPELLEE BRIEF (sua sponte) AEB briefing set due to consolidation | |
| 21 | 10/16/2013 | ACTION BY CLERK (sua sponte) AEB briefing set due to consolidation - Granted : 11/15/2013 | |
| 22 | 11/15/2013 | APPELLEE BRIEF | View |
| 23 | 11/15/2013 | DISK (e-mailed) | |
| 24 | 11/20/2013 | NOTICE OF ORAL ARGUMENT SENT | |
| 25 | 11/20/2013 | Rec'd proof of service of AEB on Tom Tuntland | |
| 26 | 11/25/2013 | REQUEST TO WAIVE ORAL ARGUMENT BY APPELLEE | |
| 27 | 11/25/2013 | E-FILED MOTION | |
| 28 | 11/25/2013 | REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT HART | |
| 29 | 11/25/2013 | E-FILED MOTION | |
| 30 | 11/26/2013 | ACTION BY SUPREME COURT (Appellant Hart's request to waive) - Granted | |
| 31 | 11/26/2013 | ACTION BY SUPREME COURT (Appellee's request to waive) - Denied | |
| 32 | 12/03/2013 | APPEARANCES: Appellant Hart waived under N.D.R.App.P. 34(f); Thomas M. Tuntland; Julie A. Lawyer | |
| 33 | 12/03/2013 | ARGUED: Thomas M. Tuntland; Julie A. Lawyer | |
| 34 | 01/02/2014 | ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair | |
| 35 | 01/02/2014 | SITTING WITH THE COURT : Maring, Mary Muehlen | |
| 36 | 01/14/2014 | DISPOSITION | |
| 37 | 01/14/2014 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 38 | 01/15/2014 | Judgment Sent to Parties | |
| 39 | 02/06/2014 | MANDATE | |
| 40 | 02/11/2014 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 41 | 12/08/2021 | EXPUNGED - Nonpermanent record items destroyed |