State v. Casatelli
- State of North Dakota, Plaintiff and Appellee
Garett James Casatelli, Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : DUI/DUS
- Appeal From
Case No. 2019-CR-03103
South Central Judicial District, Burleigh County
Parties' Statement of Issues
Casatelli was seized in violation of the Fourth Amendment, applicable to the states through the Fourteenth amendment, as well as even greater protection provided under Article I, Section 8 of the North Dakota State Constitution, when he was seized from a constitutionally protected area.
Whether the district court erred in denying Casatelli's motion to suppress.
Garett Casatelli appeals from a corrected criminal judgment after he entered a conditional guilty plea, reserving his right to appeal the district court’s denial of his motion to suppress.
In October 2019, the State charged Casatelli with being in actual physical control of a motor vehicle with a blood alcohol concentration of sixteen one-hundredths of one percent by weight or greater, a class B misdemeanor. Casatelli moved the district court to suppress evidence, contending Burleigh County deputies gained evidence after seizing him from a constitutionally protected area. The State opposed the motion. In January 2020, the court held an evidentiary hearing at which the two deputies and Casatelli testified. The court subsequently denied his motion to suppress. Casatelli entered a conditional guilty plea to an amended charge of being in actual physical control of a motor vehicle with a blood alcohol concentration of eight one-hundredths of one percent by weight or greater. A corrected criminal judgment was entered in March 2020.
On appeal, Casatelli argues the district court erred in denying his motion to suppress evidence because he was seized in violation of the Fourth Amendment, as well as greater protection provided under the state constitution, when he was seized from a constitutionally protected area.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||03/20/2020||NOTICE OF APPEAL : 03/20/2020|
|2||03/20/2020||ORDER FOR TRANSCRIPT : 03/24/2020|
|3||03/24/2020||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||03/24/2020||Notice Served on Chad R. McCabe and Dennis H. Ingold|
|5||04/06/2020||ELECTRONIC TRANSCRIPT DATED JANUARY 7, 2020|
|6||04/06/2020||CERTIFICATE OF SERVICE|
|7||04/21/2020||ELEC. RECORD ON APPEAL DATED APRIL 20, 2020 (ENTRY NOS.1 - 53)|
|8||05/15/2020||MOT. EXT/TIME APPELLANT BRIEF|
|9||05/15/2020||ACTION BY CLERK - Granted : 06/08/2020|
|12||06/08/2020||Oral Argument Request by Appellant|
|13||06/12/2020||Rec'd 5 copies of ATB & 4 copies of ATA from CSD|
|15||07/10/2020||Rec'd 5 copies of AEB back from CSD|
|16||07/20/2020||Rec'd written consent of Dennis Ingold for Jamie Schaible, 3rd Year Law Student|
|17||08/13/2020||NOTICE OF ORAL ARGUMENT SENT|
|18||09/21/2020||APPEARANCES: Chad R. McCabe; Dennis H. Ingold|
|19||09/21/2020||ARGUED: Chad R. McCabe; Dennis H. Ingold|
|20||09/21/2020||ORAL ARGUMENT WEBCAST|