State v. Komrosky
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Kerry Charles Komrosky, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : DRUGS/CONTRABAND
- Appeal From
-
Case No. 2018-CR-01143
South Central Judicial District, Burleigh County
John W. Grinsteiner
Highlight
Warrantless discovery of evidence in a defendant’s home is justified under the emergency exception to the warrant requirement if entry was actually motivated by a perceived need to render aid or assistance.
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.
Plain view is a recognized exception to the warrant requirement, allowing law enforcement officers to seize a clearly incriminating object without a warrant if the officers are lawfully in a position from which they can view an object and the object’s incriminating character is immediately apparent.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 02/26/2019 | NOTICE OF APPEAL : 02/26/2019 | |
2 | 02/26/2019 | ORDER FOR TRANSCRIPT : 02/27/2019 | |
3 | 02/27/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 02/27/2019 | Notice served on Michael R. Hoffman and Ladd R. Erickson | |
5 | 03/21/2019 | ELEC. RECORD ON APPEAL DATED MARCH 20, 2019 (ENTRY NOS. #1-#56, #58-#157)(Not rec'd #57) | |
6 | 04/26/2019 | ELECTRONIC TRANSCRIPT DATED SEPTEMBER 11, 2018 | |
7 | 04/26/2019 | C.O.S. FOR ELEC. TRA DATED 9/11/18 | |
8 | 06/05/2019 | APPELLANT BRIEF | View |
9 | 06/05/2019 | APPELLANT APPENDIX | |
10 | 06/10/2019 | Rec'd $25 surcharge for ATB (Receipt No 27106) | |
11 | 06/11/2019 | Rec'd 6 copies of ATB/ATA from Central Duplicating | |
12 | 07/02/2019 | MOT. EXT/TIME APPELLEE BRIEF | |
13 | 07/03/2019 | ACTION BY CLERK - Granted : 07/12/2019 | |
14 | 07/11/2019 | APPELLEE BRIEF | View |
15 | 07/16/2019 | REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE | |
16 | 07/16/2019 | Received 6 copies of AEB from Central Duplicating | |
17 | 07/25/2019 | REPLY BRIEF | View |
18 | 07/29/2019 | Rec'd 6 copies of RYB from Central Duplicating | |
19 | 08/02/2019 | NOTICE OF ORAL ARGUMENT SENT | |
20 | 08/05/2019 | ACTION BY SUPREME COURT (request to waive oral argument on behalf of appellee) - Denied | |
21 | 08/08/2019 | Received $25 e-filing surcharge for AEB (Receipt #27324) | |
22 | 09/06/2019 | NOTICE OF RESCHEDULED ORAL ARGUMENT SENT | |
23 | 09/16/2019 | Request for Radio/TV Coverage | |
24 | 09/20/2019 | ACTION BY CLERK - Granted | |
25 | 09/30/2019 | APPEARANCES: Michael R. Hoffman/Ladd R. Erickson | |
26 | 09/30/2019 | ARGUED: Hoffman/Erickson | |
27 | 09/30/2019 | ORAL ARGUMENT WEBCAST | |
28 | 12/12/2019 | DISPOSITION | |
29 | 12/12/2019 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
30 | 12/13/2019 | Judgment Sent to Parties | |
31 | 01/13/2020 | MANDATE |