Search Tips

State v. Stands

Docket No. 20210053
Oral Argument: Thursday, June 10, 2021 10:45 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Michael Lee Stands, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 2020-CR-02549
East Central Judicial District, Cass County
Tristan Jones Van de Streek
Oral Argument 6/10/2021

Parties' Statement of Issues

  • Appellant

    Whether the trial court erred by denying the Defendant’s Motion to Suppress either on its merits or by misapplication of caselaw.

  • Appellee 1

    Whether the district court properly denied Michael Stands’ Motion to Suppress Evidence.


Summary

Michael Lee Stands appeals from a criminal judgment entered after a jury found him guilty of possession with intent to manufacture or distribute methamphetamine, a class B felony.

On July 17, 2020, the Fargo Police Department received a report of a stolen pickup. The owner of the vehicle informed officers there were firearms, knives, and other items in the vehicle at the time it went missing. The same day, the pickup was located outside a hotel in Fargo.

Hotel staff informed officers they believed the pickup was associated with the occupants of a particular room, and the pickup was parked directly outside of that room. Officers attempted to make contact with the occupants of the room, and the individual who opened the door was detained. A second occupant, identified as Stands, approached the door and was also detained. Officers and an apprehension K-9 performed a sweep of the room to determine whether anyone else was inside. Once a search warrant was obtained officers located several of the missing items from the pickup as well as multiple bags of methamphetamine, drug paraphernalia, and a scale with residue on it in the room. Stands was arrested and charged with possession of methamphetamine with intent to manufacture or distribute.

Stands filed a motion to suppress, arguing police entered the hotel room and seized him in violation of his Fourth Amendment rights and that the search warrant was based on information impermissibly obtained from Stands while he was detained in violation of his rights. The motion was denied. At trial a guilty verdict was returned on the charge of possession of methamphetamine with intent to manufacture or distribute. Judgment was entered and Stands appealed.

On appeal, Stands argues he was seized in violation of his Fourth Amendment rights, his hotel room was entered without a warrant or valid exception in violation of his Fourth Amendment rights, the district court misapplied the law, and all evidence obtained must be suppressed under the exclusionary rule.


Briefs

Filing Date Description
04/26/2021 APPELLANT BRIEF View
05/20/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Elizabeth Brandt Brainard - 08144
APPELLEE ASST. STATE'S ATTORNEY Derek Kenneth Steiner - 08124

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

Seq. # Filing Date Description Attachment
1 02/22/2021 NOTICE OF APPEAL : 02/22/2021
2 02/22/2021 ORDER FOR TRANSCRIPT : 02/24/2021
3 02/24/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 02/24/2021 Notice Served on Elizabeth B. Brainard & Derek K. Steiner
5 03/16/2021 ELECTRONIC TRANSCRIPT DATED FEBRUARY 2, 2021 (PRETRIAL CONFERENCE & TRIAL)
6 03/16/2021 ELECTRONIC TRANSCRIPT DATED FEBRUARY 3, 2021 (TRIAL & SENTENCING)
7 03/16/2021 ELECTRONIC TRANSCRIPT DATED JUNE 19, 2020
8 03/16/2021 ELECTRONIC TRANSCRIPT DATED AUGUST 19, 2020
9 03/16/2021 ELECTRONIC TRANSCRIPT DATED DECEMBER 21, 2020
10 03/16/2021 TRANSCRIPT C.O.S. (ERICKSON & WIMPFHEIMER)
11 03/23/2021 ELEC. RECORD ON APPEAL DATED MARCH 22, 2021 (ENTRY NOS.1-72 & 74-85) (REC'D VIA U.S. MAIL #73 CD)
12 04/26/2021 APPELLANT BRIEF View
13 04/26/2021 APPELLANT APPENDIX
14 04/26/2021 Oral Argument Request by Appellant
15 04/28/2021 Rec'd amended ATB & ATA C.O.S.
16 04/28/2021 Rec'd 4 copies of ATB & ATA from CSD
17 05/18/2021 NOTICE OF ORAL ARGUMENT SENT
18 05/20/2021 APPELLEE BRIEF View
19 05/20/2021 Oral Argument Request by Appellee
20 05/20/2021 Rec'd 4 copies of AEB from CSD
21 06/10/2021 APPEARANCES: Elizabeth B. Brainard; Derek K. Steiner
22 06/10/2021 ARGUED: Elizabeth B. Brainard; Derek K. Steiner
23 06/10/2021 ORAL ARGUMENT WEBCAST