Garcia v. Levi
Docket No. 20160036
Oral Argument:
Wednesday, May 11, 2016 1:30pm
Docket Info
- Title
- Benjamin Becerra Garcia, Appellant
v.
Grant Levi, Director of the North Dakota
Department of Transportation, Appellee - Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
-
Case No. 2015-CV-00565
Southwest Judicial District, Stark County
William A. Herauf
2016 ND 174883 N.W.2d 901
Oral Argument
5/11/2016
Highlight
A law enforcement officer's approach of a parked vehicle is not a seizure if the officer inquires of the occupant in a conversational manner, does not order the person to do something, and does not demand a response.
Warrantless breath tests are permissible as a search incident to an arrest for driving or being in actual physical control of a motor vehicle while under the influence of alcohol.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 01/25/2016 | NOTICE OF APPEAL : 01/25/2016 | |
| 2 | 01/28/2016 | Received $125 filing fee | |
| 3 | 01/28/2016 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 01/28/2016 | Notice served on Thomas F. Murtha and Michael Pitcher | |
| 5 | 01/28/2016 | DISK - Transcript of Admin. Agency Hearing dated April 22, 2015 and April 28, 2015 (1 tra) (emailed | |
| 6 | 03/01/2016 | ELEC. RECORD ON APPEAL DATED FEBRUARY 29, 2016 (ENTRY NOS.1-29) | |
| 7 | 03/30/2016 | S.Ct. Not. of Dismissal/Failure to Proceed - RspDue : 04/08/2016 | |
| 8 | 03/30/2016 | NO ACTION TAKEN (MSN) | |
| 9 | 03/30/2016 | MOT. EXT/TIME APPELLANT BRIEF | |
| 10 | 03/30/2016 | ACTION BY CHIEF JUSTICE - Granted : 03/30/2016 | |
| 11 | 03/30/2016 | APPELLANT BRIEF | View |
| 12 | 03/30/2016 | E-FILED BRIEF | |
| 13 | 03/30/2016 | APPELLANT APPENDIX | |
| 14 | 03/30/2016 | E-FILED APPENDIX | |
| 15 | 04/01/2016 | Received $25 e-filing surcharge for ATB (receipt #24324) | |
| 16 | 04/04/2016 | APPELLEE BRIEF | View |
| 17 | 04/04/2016 | DISK (AEB)(e-mailed) | |
| 18 | 04/06/2016 | Received 7 copies of ATB & 6 copies of ATA from CSD | |
| 19 | 04/13/2016 | NOTICE OF ORAL ARGUMENT SENT | |
| 20 | 05/11/2016 | APPEARANCES: Thomas Murtha IV/Michael Trent Pitcher | |
| 21 | 05/11/2016 | ARGUED: Murtha/Pitcher | |
| 22 | 05/11/2016 | ORAL ARGUMENT WEBCAST | |
| 23 | 08/31/2016 | DISPOSITION | |
| 24 | 08/31/2016 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
| 25 | 08/31/2016 | COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE | |
| 26 | 08/31/2016 | Judgment Sent to Parties | |
| 27 | 09/29/2016 | MANDATE | |
| 28 | 07/28/2022 | EXPUNGED - Nonpermanent record items destroyed |