City of West Fargo v. Medbery
Docket Info
- Title
- City of West Fargo, Plaintiff and Appellee
v.
Bridget Rachel Medbery, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : OTHER (Crim.)
- Appeal From
-
Case No. 2019-CR-05110
East Central Judicial District, Cass County
Wade L. Webb
Highlight
This Court does not weigh conflicting evidence or judge credibility of witnesses on appeal. We will affirm a district court’s decision on a motion to suppress if there is competent evidence capable of supporting the court’s findings, and the decision is not contrary to the manifest weight of the evidence.
When a law enforcement officer approaches a parked vehicle to inquire in a conversational manner whether an occupant is okay or needs assistance, the officer is engaged in community caretaking. A community caretaking encounter can lead to a lawful seizure under the Fourth Amendment, provided the officer undertakes the caretaking encounter to aid a person in apparent need of assistance, and during the encounter the officer develops a reasonable and articulable suspicion of criminal activity.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 08/19/2020 | NOTICE OF APPEAL : 08/19/2020 | |
2 | 08/19/2020 | ORDER FOR TRANSCRIPT : 08/20/2020 | |
3 | 08/20/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 08/20/2020 | Notice Served on Adam Justinger, Stephen R. Hanson II and Sarah M. Wear | |
5 | 09/28/2020 | ELECTRONIC TRANSCRIPT DATED JULY 8, 2020 | |
6 | 09/28/2020 | TRANSCRIPT C.O.S. | |
7 | 10/09/2020 | ELEC. RECORD ON APPEAL DATED OCTOBER 8, 2020 (ENTRY NOS. 1-20, 22-43)(Rec'd by U.S. Mail - 21) | |
8 | 10/09/2020 | AMENDED ELEC. RECORD ON APPEAL DATED OCTOBER 8, 2020(ENTRY NOS. 1-20,22-44)(Rec'd by U.S. Mail - 21 | |
9 | 10/13/2020 | CD received in mail from district court (entry 21) | |
10 | 11/05/2020 | APPELLANT BRIEF | View |
11 | 11/05/2020 | APPELLANT APPENDIX | |
12 | 11/06/2020 | Oral Argument Request by Appellant | |
13 | 11/09/2020 | Rec'd 5 copies of ATB & 4 copies of ATA from CSD | |
14 | 12/07/2020 | APPELLEE BRIEF | View |
15 | 12/08/2020 | Oral Argument Request by Appellee | |
16 | 12/10/2020 | Rec'd 5 copies of AEB from CSD | |
17 | 12/21/2020 | REPLY BRIEF | View |
18 | 12/21/2020 | NOTICE OF ORAL ARGUMENT SENT | |
19 | 12/23/2020 | Rec'd 5 copies of RYB from CSD | |
20 | 01/14/2021 | APPEARANCES: Adam Justinger/Stephen R. Hanson II | |
21 | 01/14/2021 | ARGUED: Adam Justinger/Stephen R. Hanson II | |
22 | 01/14/2021 | ORAL ARGUMENT WEBCAST | |
23 | 05/06/2021 | DISPOSITION | |
24 | 05/06/2021 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
25 | 05/06/2021 | Judgment | |
26 | 05/28/2021 | MANDATE | |
27 | 06/02/2021 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |