State v. Stands
- State of North Dakota, Plaintiff and Appellee
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
Parties' Statement of Issues
Whether the trial court erred by denying the Defendant’s Motion to Suppress either on its merits or by misapplication of caselaw.
Whether the district court properly denied Michael Stands’ Motion to Suppress Evidence.
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.
(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)|
|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|
|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|