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Interest of K.V.

Docket No. 20200257
Oral Argument: Waived

Docket Info

Title
In the Interest of K.V., a Child

State of North Dakota, Petitioner and Appellee
v.
K.V., said child, Respondent and Appellant
and
A.V., mother of said child; and
E.D., father of said child, Respondents
Case Type
CRIMINAL APPEAL : JUVENILE LAW (Criminal)
Appeal From
Case No. 2019-JV-00003
Northeast Judicial District, Ramsey County
Donovan John Foughty
2021 ND 79959 N.W.2d 577

Highlight

Concerns about officer safety may justify a pat down search for weapons, but a subsequent pocket search must be justified as independently reasonable because they are distinct efforts. A pat down may justify a pocket search when an officer’s tactile perceptions lead to the conclusion the subject possesses a weapon or it is clear from the plain feel the object felt during the pat down is contraband.

The odor of marijuana alone is not sufficient to establish probable cause to search a passenger in a vehicle, but it is a factor that may contribute to a finding of probable cause to conduct a warrantless search under the totality of the circumstances.

Briefs

Filing Date Description
12/01/2020 APPELLANT BRIEF View
12/18/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Maren H Halbach - 04229
APPELLANT COURT APPOINTED Ulysses Samuel Jones - 06051

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

Seq. # Filing Date Description Attachment
1 09/28/2020 NOTICE OF APPEAL : 09/28/2020
2 09/28/2020 ORDER FOR TRANSCRIPT (NOT FILED)
3 09/28/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 09/28/2020 Notice served on Ulysses S. Jones, Kari M. Agotness, A.V., & E.D.
5 10/13/2020 NOA letter dated 9/28/20 sent by U.S. Mail to A.V. returned undeliverable.
6 10/15/2020 Notice served on A.V.
7 10/26/2020 ELEC. RECORD ON APPEAL DATED OCTOBER 23, 2020 (ENTRY NOS.1-144)(NOT REC'D #51)
8 11/02/2020 1ST ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 30, 2020 (ENTRY NOS. 145-146)
9 11/04/2020 INSUFFICENT MOT. EXT/TIME APPELLANT BRIEF RECEIVED
10 11/04/2020 MOT. EXT/TIME APPELLANT BRIEF
11 11/05/2020 ACTION BY CLERK - Granted : 12/01/2020
12 12/01/2020 APPELLANT BRIEF View
13 12/02/2020 APPELLANT APPENDIX
14 12/07/2020 Rec'd 5 copies of ATB & 4 copies of ATA from CSD
15 12/18/2020 APPELLEE BRIEF View
16 12/18/2020 Appellee's Brief Redaction Key
17 12/21/2020 NOTICE OF ORAL ARGUMENT SENT
18 12/23/2020 Rec'd 5 copies of AEB from CSD
19 01/06/2021 ORAL ARGUMENT WAIVED: NO REQUESTS FOR ORAL ARGUMENT
20 01/26/2021 APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c)
21 01/26/2021 ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c)
22 04/14/2021 2ND ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 21, 2021 (ENTRY NOS. 147-148)
23 05/06/2021 DISPOSITION
24 05/06/2021 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
25 05/06/2021 CONCUR IN THE RESULT : VandeWalle, Gerald W.
26 05/06/2021 Judgment
27 05/28/2021 MANDATE
28 08/17/2021 Corrected Opinion Page