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2000 ND 154, 615 N.W.2d 515 North Dakota Supreme Court August 18, 2000 No. 20000009
of that automobile” without a warrant. 453 U.S. 454, 460 , 101 S.Ct. 2860 , 69 L.Ed.2d 768 (1981) (footnote omitted).
Saavedra, 396 N.W.2d 304, 305 (N.D.1986)). [¶ 45] Gregg claims the drugs and drug paraphernalia found in his car would not have been found without the illegal search.
). [¶ 55] This two-part test may be applied to the present case by analogizing the search warrant to the officers’ stop of Gregg’s car.
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245 N.W.2d 266 North Dakota Supreme Court August 24, 1976 No. Crim. 547
The first was that "all searches made without a valid search warrant are unreasonable unless they are shown to come within one of the exceptions to the rule that a search must be made upon a valid search warrant" [quoting State v.
Iverson, 219 N.W.2d 191 (N.D.1974), we held that a belief, however well founded, that contraband is concealed within a dwellinghouse furnishes no justification for a search without a warrant, and that a search unlawfully undertaken
The testimony as a whole does not disclose that a justifiable need existed for the "search" of the car without a warrant. I, therefore, agree with the majority opinion.
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2004 ND 163, 685 N.W.2d 512 North Dakota Supreme Court August 9, 2004 No. 20040060
Under the automobile exception, “ ‘contraband goods concealed and illegally transported in an automobile or other vehicle may be searched for without a warrant’ where probable cause exists.” Wyoming v.
stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search.
[This applies] broadly to all containers within a car, without qualification as to ownership. Wyoming v.
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202 N.W.2d 136 North Dakota Supreme Court October 31, 1972 No. Cr. 422
his home, property or person at any time without a search warrant.”
, with or without a search warrant, whenever requested to do so by the Probation Officer or any law enforcement officer.”
After tracing a car suspected of being involved in a burglary to the defendant, police officers, who were aware of the above condition of probation, searched defendant’s house and car without a warrant, seizing items taken in the burglary
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433 N.W.2d 207 North Dakota Supreme Court December 6, 1988 Nos. Cr. 870361, 870362
The evidence presented to the county court to obtain the search warrant consisted of the testimony of two Dickinson police officers, Chuck Rummel and Darrel Haag.
Finally the State argues that even if the search warrant was issued without probable cause, the good-faith exception to the exclusionary rule developed in United States v.
obtain information that serves as the basis for a search warrant militates in favor of a flexible test for assessing probable cause without hypertechnical application of rigid rules.
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413 N.W.2d 329 North Dakota Supreme Court September 29, 1987 No. Civ. 870018
her Fourth Amendment protection against unreasonable search and seizure.
If police cannot stop a car on the highway on the basis of mere whim, neither can they stop on the basis, for all they know, of the mere whim of an anonymous caller. "...
LaFave, Search and Seizure, § 9.2(h) (1987).
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207 N.W.2d 260 North Dakota Supreme Court April 16, 1973 No. Cr. 428
The search which followed was made without a search warrant. It revealed a box containing a number of packets of cigarette papers.
One of the exceptions to the requirement of a valid search warrant is that a search may be made incidental to a lawful arrest. An arrest without warrant *264 must be made on reasonable cause. Sec. 29-06-15, N.D.C.C.
Applying the same rule in the case at bar, the search cannot be justified as a border search. It is true that courts have held that an automobile may more readily be searched without a warrant than an office or a house.
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2003 ND 99, 663 N.W.2d 642 North Dakota Supreme Court June 17, 2003 No. 20030015
The officer discovered an outstanding arrest warrant on Deeoteau for having failed to pay child *644 support. The officer arrested Decoteau and placed him in his police car.
compartment of the arrestee’s vehicle without a warrant.
As in all car-search cases, the “ready mobility” of an automobile creates a risk that the evidence or contraband will be permanently lost while a warrant is obtained.
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552 N.W.2d 347 North Dakota Supreme Court July 18, 1996 Nos. Criminal 950370, 950371
Like our neighboring courts, this court believes police with legitimate business may enter certain areas surrounding a home where persons may have a reasonable expectation of privacy, such as curtilage, but which are “impliedly open
Lodermeier, 481 N.W.2d 614, 624 (S.D.1992) (stating “[e]ven though [a driveway] is part of the curtilage, a police officer with legitimate business may enter a driveway and, while there, may inspect objects in plain view”); see also
The agents “left without disturbing the bales, kept the warehouse under surveillance, and did not reenter it until they had a search warrant.” Id.
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216 N.W.2d 90 North Dakota Supreme Court January 31, 1974 No. Cr. 450
Gagnon, 207 N.W.2d 260, 263 (N.D.1973), “All searches made without a valid search warrant are unreasonable unless they are shown to come within one of the exceptions to the rule that a search must be made upon a valid search warrant
“Having thus established that contraband goods concealed and illegally transported in an automobile or other vehicle may be searched for without a warrant, we come now to consider under what circumstances such search may be made. .
*104 It may be that the officers who made the warrantless search of the package in the Jamestown bus depot had probable cause to believe that a crime had been ■committed, but probable cause alone, without a search warrant or a simultaneous
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1999 ND 77, 592 N.W.2d 579 North Dakota Supreme Court April 27, 1999 No. 980265
I [¶ 2] On May 3, 1998, four Mandan police officers investigated an anonymous report of a domestic disturbance in southwest Mandan at the residence of DeCoteau and Kim Engel.
Subject to a few well-delineated exceptions, searches and seizures without a warrant are unreasonable under the Fourth Amendment. [¶ 8] In Payton v.
B [¶ 9] There are, however, exceptions to the search warrant requirement. A consent search is one exception to both the warrant and probable cause requirements of the Fourth Amendment. Schneckloth v.
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134 N.W.2d 91 North Dakota Supreme Court March 18, 1965 No. Cr. 319
A more serious question is presented by the defendant’s claim of error in permitting the State to introduce evidence obtained by a search of the defendant’s premises without a search warrant.
Assuming, without deciding, that a wife has the power to give a valid approval to the search of premises of the accused, permitting such search to be made without a warrant, was such a consent, in fact, given in this case?
Thus, if a person knowingly waives his constitutional rights and consents to having his property searched by an officer without a search warrant, he may not thereafter claim that the search was illegal and in violation of his constitutional
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437 N.W.2d 830 North Dakota Supreme Court March 21, 1989 Nos. Cr. 880176, 880215
The State also relies on the seizure of marijuana from Stockert’s car and the Begley residence pursuant to the search warrant and argues that the inevitable discovery was supported by Bul-linger’s testimony that if a search warrant
the same extent as a search warrant issued without probable cause.
We express no opinion on whether or not a search warrant was properly issued to search Stockert’s car or either ■ of the other houses. 5 . In Nix v.
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2003 ND 108, 665 N.W.2d 28 North Dakota Supreme Court July 16, 2003 No. 20020261
a magistrate's warrant for search may be dispensed with.'
"For purposes of the instant case, the emergency or exigency doctrine may be stated as follows: police officers may enter a dwelling without a warrant to render emergency aid and assistance to a person whom they reasonably believe
it without a warrant.
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438 N.W.2d 528 North Dakota Supreme Court March 28, 1989 No. Civ. 880136
a warrant unless the search and seizure falls within a recognized exception to the warrant requirement.
a magistrate’s warrant for search may be dispensed with.’
“For purposes of the instant case, the emergency or exigency doctrine may be stated as follows: police officers may enter a dwelling without a warrant to render emergency aid and assistance to a person whom they reasonably believe
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187 N.W.2d 1 North Dakota Supreme Court April 8, 1971 Nos. Crim. 390, 393
Section 29-06-02, N.D.C.C., provides that an arrest may be made by a peace officer, with or without a warrant, or by a private person.
Grounds for issuance of search warrant. — A search warrant may be issued upon any of the following grounds: “1.
warrant which might have been seized in a search incident to an arrest, they may also be seized in a search pursuant to a search warrant.”
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506 N.W.2d 729 North Dakota Supreme Court September 29, 1993 No. Cr. 930058
[for] [a] Remington 223 caliber, model 788 rifle with a Swift 6x scope-” Mandan Police Detective Gary Malo testified in support of the search warrant.
Generally, “a search warrant, unlike an arrest warrant, may issue, without the slightest clue to the identity of the criminal, if there is probable cause to believe that fruits, instrumentalities or evidence of criminal activity are
And this of course means that probable cause to search a particular place may exist without there also being probable cause to arrest a person who occupies that place.
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2005 ND 21, 691 N.W.2d 203 North Dakota Supreme Court January 19, 2005 Nos. 20040114, 20040115
He then asked Smith to accompany him back *207 to the police car.
A police officer may not freeze an illimitable area to conduct his search. [¶ 24] We therefore conclude that neither Officer Balfour nor Chief Kluth had a reasonable and articulable suspicion to stop Smith.
We concluded the officer was not justified in stopping Smith, so the search incident to arrest fails. [¶ 30] A police officer may make a valid search of an automobile upon probable cause without a warrant if the officer has a reasonable
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417 N.W.2d 849 North Dakota Supreme Court January 12, 1988 No. Cr. 870187
Having made that determination, however, we still must decide whether or not Officer Fondie’s search of the suitcase and jacket in the vehicle, after Hensel was arrested, handcuffed, and placed in the police car, violated the proscription
Hensel contends the search went beyond the scope of a warrantless search incident *853 to an arrest because he was handcuffed and seated in the police car with little or no chance of destroying evidence or obtaining a weapon from
Belton, supra, 101 S.Ct. 2860 , under our State Constitution, Article I, Section 8, the furtive conduct of Hen-sel while Fondie was calling from his police car justified the additional in-depth search in this case.
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369 N.W.2d 363 North Dakota Supreme Court June 10, 1985 Nos. Cr. 1045-46, 1051-52
The objects of the search are marijuana, any other controlled substances, and related drug paraphernalia which may be found.”
the car back.
valid search warrant requires suppression.
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