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State v. Foote

Docket No. 20200145
Oral Argument: Wednesday, October 28, 2020 10:45 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Stephanie Ann Foote, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DUI/DUS
Appeal From
Case No. 2019-CR-02464
North Central Judicial District, Ward County
Todd L. Cresap
Oral Argument 10/28/2020

Parties' Statement of Issues

  • Appellant

    Law enforcement officers seized Ms. Foote when they knocked on Foote's driver-side door, instructed her to roll down her window, and then instructed her to exit her vehicle and come back to the squad car. That, at the time of the seizure, there was no reasonable and articulable suspicion of criminal activity necessary to seize her, thereby violating the Fourth Amendment to the United States Constitution, and Article I, Section 8 of the North Dakota Constitution. Accordingly, all evidence acquired after the illegal seizures should be suppressed.

  • Appellee 1

    Sufficient competent evidence exists that is fairly capable of supporting the district court’s findings that Ms. Foote was not stopped or seized by law enforcement when she was contacted by law enforcement engaged in a community caretaker role, and Order Denying Motion to Suppress was not contrary to the manifest weight of the evidence.


Summary

Stephanie Foote appeals from a criminal judgment entered after she conditionally pled guilty to actual physical control of a motor vehicle while under the influence of alcohol.

Foote was arrested and charged with APC. Foote moved to suppress evidence obtained. After a hearing, the district court denied the motion, concluding that the Ward County Sheriff’s Deputies stopped to perform a welfare check on the vehicle at 2 a.m. on a December night and, thereafter, developed a reasonable and articulable suspicion that Foote had a blood alcohol at or above the legal limit.

On appeal, Foote argues the district court erred in denying her motion to suppress because the Deputies had seized her in violation of her Fourth Amendment rights prior to developing reasonable and articulable suspicion.


Briefs

Filing Date Description
08/24/2020 APPELLANT BRIEF (replaces brief previously filed 8/5/2020) View
09/02/2020 APPELLEE BRIEF View
09/16/2020 REPLY BRIEF

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Danny Lee Herbel - 05769
APPELLEE ASST. STATE'S ATTORNEY John Michael Gonzalez - 09128

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

Seq. # Filing Date Description Attachment
1 05/17/2020 NOTICE OF APPEAL : 05/17/2020
2 05/17/2020 ORDER FOR TRANSCRIPT : 05/18/2020
3 05/18/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 05/18/2020 Notice Served on Danny L. Herbel and John M. Gonzalez
5 05/28/2020 ELECTRONIC TRANSCRIPT DATED FEBRUARY 28, 2020
6 05/28/2020 Certificate of Service of Transcript
7 06/12/2020 ELEC. RECORD ON APPEAL DATED JUNE 11, 2020 (ENTRY NOS. 1-55)
8 07/03/2020 MOT. EXT/TIME APPELLANT BRIEF
9 07/06/2020 ACTION BY CLERK - Granted : 07/28/2020
10 07/22/2020 2nd MOT. EXT/TIME APPELLANT BRIEF
11 07/23/2020 ACTION BY CLERK - Granted : 08/05/2020
12 08/05/2020 APPELLANT'S BRIEF (AMENDED APPELLANT'S BRIEF FILED 8/24/2020)
13 08/05/2020 Oral Argument Request by Appellant
14 08/05/2020 APPELLANT APPENDIX
15 08/11/2020 Rec'd non-substantive corrections to ATA
16 08/14/2020 Rec'd 5 copies of ATB and 4 copies of ATA back from CSD
17 08/24/2020 MOTION TO FILE AMENDED BRIEF
18 08/24/2020 ACTION BY CLERK - Granted : 08/24/2020
19 08/24/2020 APPELLANT BRIEF (replaces brief previously filed 8/5/2020) View
20 08/25/2020 Rec'd corrected Table of Contents for Appellant's Appendix and proof of service
21 08/26/2020 Rec'd ATB from CD
22 09/02/2020 APPELLEE BRIEF View
23 09/02/2020 Oral Argument Request by Appellee
24 09/03/2020 Rec'd 5 copies of AEB back from CSD
25 09/16/2020 REPLY BRIEF
26 09/17/2020 Rec'd 5 copies of RYB from CSD
27 09/23/2020 NOTICE OF ORAL ARGUMENT SENT
28 10/28/2020 APPEARANCES: Danny L. Herbel; John M. Gonzalez
29 10/28/2020 ARGUED: Danny L. Herbel; John M. Gonzalez
30 10/28/2020 ORAL ARGUMENT WEBCAST