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State v. Gatlin

Docket No. 20140083
Oral Argument: Thursday, June 5, 2014 4:00pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Luke Adam Gatlin, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 2013-CR-00899
Northeast Central Judicial District, Grand Forks County
Sonja Clapp
2014 ND 162851 N.W.2d 178

Highlight

A house guest who is not present and does not flatly refuse a search at the time another individual with actual or apparent authority consents loses out on his opportunity to exclude evidence gathered in a search of the area in which the guest had a reasonable expectation of privacy.
Apparent authority exists where a person of reasonable caution would believe, on the basis of the facts available to the officer at the time of consent, that the consenting party had authority over the place or thing to be searched.


Briefs

Filing Date Description
04/15/2014 APPELLANT BRIEF View
05/14/2014 APPELLEE BRIEF (pdf) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Jessica Johanna Ahrendt - 06231
APPELLEE ASST. STATE'S ATTORNEY Meredith Huseby Larson - 06206

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

Seq. # Filing Date Description Attachment
1 03/03/2014 NOTICE OF APPEAL : 03/03/2014
2 03/03/2014 ORDER FOR TRANSCRIPT : 03/03/2014
3 03/10/2014 Amended Notice of Appeal
4 03/07/2014 TRANSCRIPT DATED August 15, 2013, & C.O.S.
5 03/07/2014 DISK - TRA dated August 15, 2013 (e-mailed)
6 04/02/2014 ELEC. RECORD ON APPEAL DATED April 1, 2014 (ENTRY NOS. 1-65)
7 04/15/2014 APPELLANT BRIEF View
8 04/15/2014 E-FILED BRIEF
9 04/15/2014 APPELLANT APPENDIX
10 04/15/2014 E-FILED APPENDIX
11 04/21/2014 received 7 copies of ATB and 6 copies of ATA from CSD
12 05/13/2014 $25 IDB paid for Appellant's Brief (#1458961)
13 05/14/2014 APPELLEE BRIEF (pdf) View
14 05/14/2014 E-FILED BRIEF (pdf)
15 05/15/2014 received 7 copies of AEB from CSD
16 05/16/2014 received $25 e-filing surcharge for AEB
17 05/19/2014 NOTICE OF ORAL ARGUMENT SENT
18 05/27/2014 REQUEST TO WAIVE ORAL ARGUMENT BY APPELLEE
19 05/27/2014 E-FILED MOTION
20 05/27/2014 ACTION BY SUPREME COURT (REQUEST TO WAIVE ORAL ARGUMENT BY APPELLEE) - Granted
21 05/30/2014 REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT
22 05/30/2014 E-FILED MOTION
23 05/30/2014 ACTION BY SUPREME COURT - Granted
24 06/05/2014 APPEARANCES: None waived under N.D.R.App.P. 34(f)
25 06/05/2014 ARGUED: Waived
26 07/31/2014 DISPOSITION
27 07/31/2014 UNANIMOUS OPINION : Kapsner, Carol Ronning View
28 08/01/2014 Judgment Sent to Parties
29 08/22/2014 MANDATE
30 08/25/2014 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE