State v. Casson

Docket No. 20190028
Oral Argument: Tuesday, May 28, 2019 9:30 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
John Edward Casson, Jr., Defendant and Appellant
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 2018-CR-00172
South Central Judicial District, Mercer County
Bruce A. Romanick

Parties' Statement of Issues

  • Appellant

    The district court erred in denying Casson's motion to suppress because Casson was unlawfully seized in violation of the Fourth Amendment of the United States Constitution and Article I, Section 8 of the North Dakota Constitution; and Casson's admissions and the evidence seized from Casson's vehicle must be suppressed under the exclusionary rule and fruit of the poisonous tree doctrine.

  • Appellee 1

    The lower court did not err in denying Defendant’s Motion to Suppress as Defendant was not unreasonably seized.


Summary

John Casson appeals from a criminal judgment entered after he conditionally pled guilty to possession of a controlled substance and drug paraphernalia, reserving the right to appeal the denial of his motion to suppress evidence.
At the suppression hearing, an officer testified he observed Casson traveling to a local park known for extensive drug use and sales. Previous reports labeled Casson as part of the drug trade in the park. Two officers located Casson within the park and positioned their patrol vehicles behind his parked truck without activating emergency lights. Casson exited his truck and met a law enforcement officer at the rear of the vehicle. Law enforcement testified Casson seemed nervous and refused a search of the interior of his vehicle. When law enforcement stated they were going to call a K-9 to the scene, Casson admitted to possession of marijuana and drug paraphernalia. Law enforcement arrested Casson after the officer located a container with marijuana and a smoking device. Casson moved to suppress the evidence gathered during the search. The district court denied the motion.
On appeal Casson argues the district court erred in denying his motion to suppress because law enforcement did not have reasonable suspicion to detain him, and unlawfully seized him by stating a K-9 unit would be called to complete a “sniff” of the vehicle. The State argues Casson was not seized and could have left any time before admitting to possession of drugs and paraphernalia.


Briefs

Filing Date Description
03/13/2019 APPELLANT BRIEF View
04/26/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Todd Noble Ewell - 07939
APPELLEE STATE'S ATTORNEY Jessica Jo Binder - 06122

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

Seq. # Filing Date Description Attachment
1 01/23/2019 NOTICE OF APPEAL : 01/23/2019
2 01/23/2019 ORDER FOR TRANSCRIPT : 01/24/2019
3 01/24/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 01/24/2019 Notice served on Todd N. Ewell and Jessica J. Binder
5 02/07/2019 ELECTRONIC TRANSCRIPT DATED NOVEMBER 28, 2019 & C.O.S.
6 02/22/2019 ELEC. RECORD ON APPEAL DATED FEBRUARY 21, 2019 (ENTRY NOS. 1-39)
7 03/06/2019 AMENDED ELEC. RECORD ON APPEAL DATED MARCH 5, 2019 (ENTRY NOS. 1-26, 28-40)
8 03/13/2019 APPELLANT BRIEF View
9 03/13/2019 APPELLANT APPENDIX
10 03/20/2019 Rec'd 6 copies of ATB and ATA from Central Duplicating
11 04/02/2019 Rec'd $25 IDB surcharge for ATB
12 04/10/2019 MOT. EXT/TIME APPELLEE BRIEF
13 04/10/2019 ACTION BY CLERK - Granted : 04/26/2019
14 04/23/2019 NOTICE OF ORAL ARGUMENT SENT
15 04/26/2019 APPELLEE BRIEF View
16 04/29/2019 Rec'd non-substantive corrections to AEB (citations)
17 04/30/2019 Rec'd 6 copies of AEB from Central Duplicating
18 05/06/2019 Rec'd $25 e-filing surcharge for AEB (Receipt #27039)