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
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.
(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 |