State v. Casson
- State of North Dakota, Plaintiff and Appellee
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
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.
The lower court did not err in denying Defendant’s Motion to Suppress as Defendant was not unreasonably seized.
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.
(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)|
|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|
|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)|
|19||05/28/2019||APPEARANCES: Todd N. Ewell; Jessica J. Binder|
|20||05/28/2019||ARGUED: Todd N. Ewell; Jessica J. Binder|
|21||05/28/2019||ORAL ARGUMENT WEBCAST|