State v. Lelm
- State of North Dakota, Plaintiff and Appellant
Nicholas Dean Lelm, Defendant and Appellee
- Case Type
- CRIMINAL APPEAL : DRUGS/CONTRABAND
- Appeal From
Case No. 2019-CR-00881
South Central Judicial District, Morton County
Pamela Ann Nesvig
Parties' Statement of Issues
1. Whether the Search Incident to Arrest Exception to the Fourth Amendment Applies.
2. Whether the Automobile Exception to the Fourth Amendment Applies.
3. Whether the Inevitable Discovery Exception to the Fourth Amendment Applies.
I. Whether the District Court Properly Concluded that the Consent Exception to the Warrant Requirement did not Apply as it Relates to the Search of Mr. Lelm’s Backpack.
II. Whether the District Court Properly Concluded that the Automobile Exception to the Warrant Requirement did not Apply as it Relates to the Search of Mr. Lelm’s Backpack.
III. Whether the District Court Properly Concluded that the Officer Safety Exception to the Warrant Requirement did not Apply as it Relates to the Search of Mr. Lelm’s Backpack.
IV. Whether the District Court Properly Concluded that the Inevitable Discovery Doctrine to the Warrant Requirement did not Apply as it Relates to the Search of Mr. Lelm’s Backpack.
The State appeals after the district court granted Nicholas Lelm’s motion to suppress evidence.
On August 28, 2019, the Mandan police conducted a traffic stop on a car driven by another individual. Lelm was the car’s only passenger. The driver provided his consent to search the vehicle. An officer asked Lelm to exit the vehicle. Lelm indicated a gun was in the vehicle and took his backpack with him when he exited. Once outside the vehicle, Lelm placed the backpack on the ground. Lelm was then detained, pat searched, put in handcuffs, and placed in the back of a patrol vehicle.
Officers had a drug canine sniff around the vehicle, and the canine positively indicated on the front passenger door seam. Officers then searched the vehicle recovering drugs from the center console, a gun on the passenger floorboard, and glass pipes in a grocery bag near the gun. After searching the vehicle, officers searched Lelm’s backpack. The backpack contained additional drug paraphernalia and marijuana. Lelm was then placed under arrest.
On appeal, the State argues the district court erred when it denied the motion to suppress the evidence obtained from the backpack. The State argues the search incident to arrest exception, the automobile exception, and the inevitable discovery doctrine all apply to the search of the backpack.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||09/03/2020||NOTICE OF APPEAL : 09/03/2020|
|2||09/03/2020||STATEMENT OF PROSECUTING ATTORNEY|
|3||09/03/2020||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||09/03/2020||Notice served on Gabrielle J. Goter and Joshua L. Weatherspoon|
|5||09/29/2020||ELEC. RECORD ON APPEAL DATED SEPTEMBER 28, 2020 (ENTRY NOS. 1 - 103)|
|6||10/11/2020||MOT. EXT/TIME APPELLANT BRIEF|
|7||10/12/2020||ACTION BY CLERK - Granted : 11/12/2020|
|9||11/12/2020||Oral Argument Request by Appellant|
|11||11/19/2020||Rec'd non-substantive corrections to ATA|
|12||11/23/2020||Rec'd 5 copies of ATB and 4 copies of ATA back from CD|
|15||12/17/2020||Rec'd 5 copies of AEB and 4 copies of AEA back from CD|
|16||12/21/2020||NOTICE OF ORAL ARGUMENT SENT|
|17||01/21/2021||APPEARANCES: Austin Gunderson/Aaron D. Pulanco|
|18||01/21/2021||ARGUED: Austin Gunderson/Aaron D. Pulanco|
|19||01/21/2021||ORAL ARGUMENT WEBCAST|