State v. Zeller
Docket No. 20130290
Oral Argument:
Tuesday, March 4, 2014 1:30pm
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Todd Michael Zeller, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : DRUGS/CONTRABAND
- Appeal From
-
Case No. 2012-CR-04235
East Central Judicial District, Cass County
John Charles Irby
2014 ND 65845 N.W.2d 006
Oral Argument
3/4/2014
Highlight
When a warrant application seeks authorization for a nighttime search, an additional showing of probable cause is required for the nighttime authorization.
Probable cause for a nighttime search exists upon a showing that the evidence sought may be quickly and easily disposed of if the warrant is not promptly executed.
Mere allegations about the presence of drugs does not lead to the inference that the drugs are easily disposable.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 09/20/2013 | NOTICE OF APPEAL : 09/20/2013 | |
2 | 09/20/2013 | ORDER FOR TRANSCRIPT : 09/20/2013 | |
3 | 09/24/2013 | DISK-Transcript dated May 7, 2013 (e-mailed) | |
4 | 09/25/2013 | TRANSCRIPT DATED MAY 7, 2013 & C.O.S. | |
5 | 10/01/2014 | DISK - Transcript dated July 29, 2014 (e-mailed) | |
6 | 10/02/2013 | TRANSCRIPT DATED JULY 29, 2013 & C.O.S. | |
7 | 10/03/2013 | Rcv'd c.o.s. of tra on Jesse Lange | |
8 | 10/23/2013 | ELEC. RECORD ON APPEAL DATED October 22, 2013 (ENTRY NOS. 1 - 58; 60 - 83) | |
9 | 11/06/2013 | MOT. EXT/TIME APPELLANT BRIEF | |
10 | 11/06/2013 | ACTION BY CLERK - Granted : 12/11/2013 | |
11 | 12/11/2013 | Received non-compliant ATB; sent back for corrections. (word limit) | |
12 | 12/11/2013 | APPELLANT APPENDIX | |
13 | 12/11/2013 | E-FILED APPENDIX | |
14 | 12/16/2013 | Rec'd 6 copies of ATA back from csd | |
15 | 12/16/2013 | rec'd $25.00 e-filing surcharge for atb (receipt #22538) | |
16 | 12/20/2013 | APPELLANT BRIEF | View |
17 | 12/20/2013 | E-FILED BRIEF | |
18 | 12/20/2013 | received certificate of service of ATB | |
19 | 12/27/2013 | received 7 copies of ATB from CSD | |
20 | 01/21/2014 | APPELLEE BRIEF | View |
21 | 01/21/2014 | E-FILED BRIEF | |
22 | 01/24/2014 | Rec'd 7 copies of AEB back from csd | |
23 | 01/27/2014 | Rec'd $25 AEB surcharge (Receipt # 22605) | |
24 | 01/30/2014 | Consent to Appearance Under Senior Practice Rule signed by Mark R. Boening, Assistant State's | |
25 | 01/30/2014 | Attorney for Benjamin Sand | |
26 | 02/13/2014 | ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair | |
27 | 02/18/2014 | NOTICE OF ORAL ARGUMENT SENT | |
28 | 02/20/2014 | SITTING WITH THE COURT : Neumann, William A. | |
29 | 03/04/2014 | APPEARANCES: Jesse Lange/Mark Boening | |
30 | 03/04/2014 | ARGUED: Lange/Boening | |
31 | 03/04/2014 | ORAL ARGUMENT WEBCAST | |
32 | 04/03/2014 | DISPOSITION | |
33 | 04/03/2014 | SPLIT OPINION : VandeWalle, Gerald W. | View |
34 | 04/03/2014 | DISSENT : Sandstrom, Dale V. | |
35 | 04/03/2014 | Judgment Sent to Parties | |
36 | 04/29/2014 | ELEC. SUPP. RECORD ON APPEAL DATED APRIL 29, 2014 (ENTRY NOS.84-98) | |
37 | 04/29/2014 | MANDATE | |
38 | 05/08/2014 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
39 | 12/29/2021 | EXPUNGED - Nonpermanent record items destroyed |