State v. Hyde
Docket No. 20160437
Oral Argument:
Thursday, May 18, 2017 9:30 AM
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Floyd Erik Hyde, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : DRUGS/CONTRABAND
- Appeal From
-
Case No. 2015-CR-01090
North Central Judicial District, Ward County
Todd L. Cresap
2017 ND 186899 N.W.2d 671
Oral Argument
5/18/2017
Highlight
The State has the burden to prove the three elements of the emergency doctrine exist at the time of a warrantless entry into a residence.
An objective standard of reasonableness is used in determining whether law enforcement had reasonable grounds to believe there was an emergency at hand and an immediate need for their assistance for the protection of life or property.
A delay in law enforcement's responding to a potential emergency weighs against a finding of "immediate" need of police assistance.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 12/16/2016 | NOTICE OF APPEAL : 12/16/2016 | |
| 2 | 12/16/2016 | ORDER FOR TRANSCRIPT | |
| 3 | 12/19/2016 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 12/19/2016 | Notice served on Kyle R. Craig & Rozanna C. Larson | |
| 5 | 12/19/2016 | AMENDED ORDER FOR TRANSCRIPT : 12/20/2016 | |
| 6 | 01/11/2017 | ELEC. RECORD ON APPEAL DATED JANUARY 10, 2017 (ENTRY NOS.1-75 & 77-118) | |
| 7 | 01/31/2017 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 30, 2017 (ENTRY NOS.119-124) | |
| 8 | 02/06/2017 | ELECTRONIC TRANSCRIPT DATED NOVEMBER 5, 2015 & C.O.S. | |
| 9 | 03/16/2017 | APPELLANT BRIEF (PDF) | View |
| 10 | 03/16/2017 | E-FILED BRIEF (PDF) | |
| 11 | 03/16/2017 | APPELLANT APPENDIX | |
| 12 | 03/16/2017 | E-FILED APPENDIX | |
| 13 | 03/22/2017 | Received C.O.S. serving Indigent Appellant copy of ATB & ATA | |
| 14 | 03/23/2017 | Received 6 copies of ATB from Central Duplicating | |
| 15 | 03/23/2017 | Received 6 copies of ATA from Central Duplicating | |
| 16 | 03/29/2017 | Received ATB $25 e-filing surcharge receipt (Receipt #25164) | |
| 17 | 04/11/2017 | APPELLEE BRIEF (PDF) | View |
| 18 | 04/11/2017 | E-FILED BRIEF (PDF) | |
| 19 | 04/13/2017 | Received 6 copies of AEB from Central Duplicating | |
| 20 | 04/18/2017 | NOTICE OF ORAL ARGUMENT SENT | |
| 21 | 04/20/2017 | Received AEB $25 e-filing surcharge (Receipt #25204) | |
| 22 | 05/18/2017 | APPEARANCES: Kyle R. Craig; Ashley K. Schell | |
| 23 | 05/18/2017 | ARGUED: Kyle R. Craig; Ashley K. Schell | |
| 24 | 05/18/2017 | ORAL ARGUMENT WEBCAST | |
| 25 | 07/31/2017 | DISPOSITION | |
| 26 | 07/31/2017 | SPLIT OPINION : Tufte, Jerod E. | View |
| 27 | 07/31/2017 | DISSENT : VandeWalle, Gerald W. | |
| 28 | 07/31/2017 | JOIN IN THE DISSENT : McEvers, Lisa K. Fair | |
| 29 | 08/01/2017 | Judgment Sent to Parties | |
| 30 | 08/22/2017 | MANDATE | |
| 31 | 08/19/2022 | EXPUNGED - Nonpermanent record items destroyed |