McCoy v. N.D. Dep't of Transportation
Docket No. 20130300
Oral Argument: Friday, January 17, 2014 9:30am
- Ronald Dale McCoy, Petitioner and Appellant
North Dakota Department
of Transportation, Defendant and Appellee
- Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
Case No. 2013-CV-00349
Southwest Judicial District, Stark County
Dann Edward Greenwood
2014 ND 119848 N.W.2d 659
Oral Argument 1/17/2014
A law enforcement officer's administration of a breath test to determine alcohol consumption is a search.
Consent is one recognized exception to the warrant requirement. To be effective, consent must be voluntarily given under the totality of the circumstances and must not be coerced by explicit or implicit means or by implied threat or covert force.
Absent authority and a reasoned analysis to support it, the mere assertion of a statute's unconstitutionality is insufficient to adequately raise a constitutional question.
A party pursuing a constitutional claim must make a strong case supported by both fact and law or forego the claim.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||10/01/2013||NOTICE OF APPEAL : 09/30/2013|
|2||10/02/2013||DISK-ADM. TRANSCRIPT DATED 4/18/13 (e-mailed)|
|3||10/29/2013||ELEC. RECORD ON APPEAL DATED October 28, 2013 (ENTRY NOS. 1 - 40)|
|8||11/18/2013||Received $25 surcharge for ATB (receipt #22333)|
|9||11/14/2013||Received non-substantive changes to ATB (formatting of paragraph 23)|
|10||11/25/2013||Received 7 copies of ATB and 6 copies of ATA from CSD|
|13||12/17/2013||NOTICE OF ORAL ARGUMENT SENT|
|16||12/31/2013||Received 7 copies of RYB from CDS|
|17||01/17/2014||APPEARANCES: Thomas F. Murtha; Michael T. Pitcher|
|18||01/17/2014||ARGUED: Thomas F. Murtha; Michael T. Pitcher|
|19||01/17/2014||ORAL ARGUMENT WEBCAST|
|21||06/24/2014||UNANIMOUS OPINION : Crothers, Daniel John||View|
|22||06/24/2014||Costs on appeal taxed in favor of Appellee|
|23||06/25/2014||Judgment Sent to Parties|
|24||07/08/2014||PETITION FOR REHEARING||View|
|25||07/08/2014||E-FILED BRIEF (e-mailed)|
|26||07/10/2014||Received 10 copies of PER from Central Duplicating|
|27||07/17/2014||Denied Petition for Rehearing - Denied|
|29||12/30/2021||EXPUNGED - Nonpermanent record items destroyed|