State v. Cochran
- State of North Dakota, Plaintiff and Appellant
Elizabeth Cochran, Defendant and Appellee
- Case Type
- CRIMINAL APPEAL : DRUGS/CONTRABAND
- Appeal From
Case No. 2020-CR-00098
South Central Judicial District, Mercer County
Parties' Statement of Issues
 The district court erred in shifting the burden of persuasion from Defendant to the State without first requiring Defendant to establish a prima facie case to contest the search of the residence.
 The district court erred in finding Defendant did not lose her opportunity to contest the search when she failed to object to the search of the residence generally and of her bedroom specifically.
 The district court erred in finding Defendant’s bedroom was not a common area subject to search by law enforcement during a probation search.
[¶1] Whether the District Court was correct in finding that the search of Ms. Cochran’s room was a Fourth Amendment search requiring either a warrant or a valid exception to the warrant requirement.
[¶2] Whether the District Court was correct in finding that the search of Ms. Cochran’s room was unreasonable.
[¶3] Whether District Court was correct in finding that Ms. Cochran did not consent to the search of room and did not forfeit the ability to object to the search of the room.
The State appeals from a district court order granting Elizabeth Cochran’s motion to suppress evidence.
On May 7, 2020 law enforcement officers conducted a probationary search on a residence belonging to an individual on supervised probation. At the time of the search, Cochran resided with the individual and was present during the search. Various controlled substances and drug paraphernalia were found inside a room later determined to be Cochran’s bedroom. Cochran was subsequently charged with (1) possession with intent to manufacture or delivery methamphetamine, a class B felony; (2) unlawful possession of drug paraphernalia other than marijuana, a class A misdemeanor; (3) unlawful possession of cocaine, a class A misdemeanor; (4) unlawful possession of marijuana, an infraction; and (5) unlawful possession of marijuana, an infraction. Cochran moved to suppress the evidence arguing the search of her bedroom was unconstitutional. After a hearing, the district court granted the motion to suppress.
On appeal, the State argues Cochran’s bedroom was a common area that was subject to a probationary search; Cochran forfeited the opportunity to seek suppression of evidence obtained from her bedroom by failing to object to the search; and the district court erroneously shifted the burden of persuasion to the State.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||12/23/2020||NOTICE OF APPEAL : 12/23/2020|
|2||12/23/2020||ORDER FOR TRANSCRIPT : 12/29/2020|
|3||12/23/2020||STATEMENT OF PROSECUTING ATTORNEY|
|4||12/23/2020||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|5||12/23/2020||Notice served on Jessica J. Binder & Justin M. Balzer|
|6||01/25/2021||ELEC. RECORD ON APPEAL DATED JANUARY 22, 2021 (ENTRY NOS. 1-57)|
|7||02/05/2021||ELECTRONIC TRANSCRIPT DATED NOVEMBER 16, 2020|
|9||03/15/2021||MOT. EXT/TIME APPELLANT BRIEF|
|10||03/15/2021||ACTION BY CLERK - Granted : 04/16/2021|
|13||04/07/2021||Rec'd 5 copies of ATB & 4 copies of ATA from CSD|
|14||04/26/2021||MOT. EXT/TIME APPELLEE BRIEF|
|15||04/26/2021||ACTION BY CLERK - Granted : 05/14/2021|
|17||05/17/2021||MOT. EXT/TIME APPELLEE BRIEF|
|18||05/17/2021||ACTION BY CLERK - Granted : 05/15/2021|
|19||05/18/2021||ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENTS.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY|
|20||05/18/2021||NOTICE OF ORAL ARGUMENT SENT|
|21||05/20/2021||Rec'd non-substantive corrections to AEB (pg numbering, cert of compliance)|
|22||05/24/2021||Rec'd 4 copies of AEB from CSD|
|23||06/10/2021||APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c)|
|24||06/10/2021||ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c)|