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City of West Fargo v. Medbery

Docket No. 20200222
Oral Argument: Thursday, January 14, 2021 2:45 PM

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
Oral Argument 1/14/2021

Parties' Statement of Issues

  • Appellant

    Ms. Medbery was unlawfully seized by law enforcement, which violated her rights under the Fourth Amendment of the United States Constitution and Article I, Section 8 of the North Dakota Constitution.

  • Appellee 1

    Did the district court correctly conclude that the Defendant was not unconstitutionally seized when the officer was acting in a community caretaking role?

Summary

Bridget Rachel Medbery appeals from an order denying her motion to suppress and from the criminal judgment entered as a result of her conditional plea of guilty to actual physical control, a class B misdemeanor. On appeal, Medbery argues the district court erred in concluding she was lawfully seized and that the denial of her motion to suppress should be reversed. Specifically, Medbery argues that the community caretaker exception does not apply because the officer escalated the encounter into a seizure and the officer lacked reasonable suspicion to seize her.

Briefs

Filing Date Description
11/05/2020 APPELLANT BRIEF View
12/07/2020 APPELLEE BRIEF View
12/21/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Adam Justinger - 08635
APPELLEE ASST. CITY ATTORNEY Stephen Roger Hanson - 08585

(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