State v. Odum

Docket No. 20180384
Oral Argument: Wednesday, March 27, 2019 11:00 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellant
v.
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

  • Appellant

    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.


Summary

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.


Briefs

Filing Date Description
11/30/2018 APPELLANT BRIEF View
01/23/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT ASST. STATE'S ATTORNEY Casey W. Moen - 07691
APPELLEE PRIVATE PRACTICE Mark Andrew Meyer - 04966

(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)
6 11/30/2018 APPELLANT BRIEF View
7 11/30/2018 APPELLANT APPENDIX
8 11/30/2018 DISK (ATB) (e-mailed)
9 12/27/2018 MOT. EXT/TIME APPELLEE BRIEF
10 12/27/2018 E-FILED MOTION
11 12/27/2018 ACTION BY CLERK - Granted : 02/01/2019
12 01/23/2019 APPELLEE BRIEF View
13 01/23/2019 E-FILED BRIEF
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