State v. Odum
- State of North Dakota, Plaintiff and Appellant
Perry Wayne Odum, Defendant and Appellee
- Case Type
- CRIMINAL APPEAL : DRUGS/CONTRABAND
- Appeal From
Case No. 2018-CR-00166
Southeast Judicial District, Richland County
Mark T. Blumer
Parties' Statement of Issues
1.Whether the district court erred in finding that probable cause did not exist for the issuance of a search warrant after drug task force agents found green, leafy flakes, several empty THC packages and zig zag papers in the Appellee’s garbage.
2.Whether the district court erred in granting the Appellee’s motion to dismiss.
The State appeals from a district court order suppressing evidence and dismissing the charges against Perry Wayne Odum.
On May 9, 2018, after receiving an anonymous tip that Odum had been out of town and came back with “a quantity of marijuana,” law enforcement searched the garbage can in front of Odum’s residence. The officers determined Odum lived at the residence based on his drivers license information and the residence’s mailbox having “Odum” on it. During the garbage search, officers found two garbage bags containing several empty packages with labels stating the package contained marijuana or THC, zig zag papers, and green, leafy flakes.
Law enforcement applied for a search warrant for Odum’s residence on May 11, 2018, based on the anonymous tip and evidence found during the garbage search at the residence. The district court found probable cause existed and granted the search warrant. On May 17, 2018, officers executed the warrant. During the search, officers found multiple firearms and items related to selling and distributing marijuana.
The State charged Odum with possession of a controlled substance with intent to manufacture or deliver and with possession of a firearm by a convicted felon. Odum moved to suppress the evidence gathered during the search of his residence, arguing probable cause did not exist to issue the search warrant. Odum also filed a motion to dismiss all charges against him. The district court granted both motions.
On appeal, the State argues the district court erred in finding probable cause for the search warrant did not exist after law enforcement found green, leafy flakes, several empty THC packages, and zig zag papers in Odum’s garbage.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||10/22/2018||NOTICE OF APPEAL : 10/22/2018||View|
|2||10/22/2018||Statement of Prosecuting Attorney|
|3||10/23/2018||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||10/23/2018||Notice served on Casey Moen and Mark A. Meyer|
|5||11/14/2018||ELEC. RECORD ON APPEAL DATED NOVEMBER 13, 2018 (ENTRY NOS. 1 - 49)|
|8||11/30/2018||DISK (ATB) (e-mailed)|
|9||12/27/2018||MOT. EXT/TIME APPELLEE BRIEF|
|11||12/27/2018||ACTION BY CLERK - Granted : 02/01/2019|
|14||01/25/2019||Rec'd 6 copies of AEB from Central Duplicating|
|15||01/28/2019||Rec'd $25 surcharge for AEB (receipt #26869)|
|16||02/25/2019||NOTICE OF ORAL ARGUMENT SENT|