Bank of North Dakota v. Brown
821 N.W.2d 373
N.D.2012Background
- Gagnon appeals a conviction from a conditional guilty plea to manufacturing marijuana and suppression denial; he challenges the warrantless search of his home.
- Nason observed two marijuana plants in a window of Gagnon’s residence and reported it to BCI in May 2010.
- On June 3, 2010, Niebuhr and the Ward County narcotics team approached the home; from a public street, Niebuhr used binoculars to see two plants in the window.
- After a knock-and-talk and initial refusal to consent to a search, officers secured the residence pending a warrant; Gagnon later consented to a search.
- A total of 54 marijuana plants, a marijuana storage container, and a smoking device were seized during the consented search.
- The district court denied suppression, finding the search supported by consent and plain view; Gagnon entered a conditional guilty plea to manufacture marijuana.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Niebuhr’s walk-through a valid warrantless search? | State contends Segura allowed a security check during warrant pursuit. | Gagnon argues the walk-through was an illegal warrantless search without exigent circumstances. | Unreasonable warrantless search; reversed and remanded. |
Key Cases Cited
- Segura v. United States, 468 U.S. 796 (1984) (security check while warrant sought; not controlling for search legality here)
- Buie, United States v. Buie, 494 U.S. 325 (1990) (protective sweeps require articulable facts; not automatic)
- Murray v. United States, 487 U.S. 533 (1988) (exclusionary rule and independent source doctrine guidance)
- Nix v. Williams, 467 U.S. 431 (1984) (independent source doctrine and taint concepts)
- State v. Mitzel, 2004 ND 157 (2004) (exigent circumstances not shown to justify search)
- State v. Gronlund, 356 N.W.2d 144 (N.D. 1984) (plain view requires legitimate ingress; plain view alone not enough)
- State v. Garrett, 1998 ND 173 (1998) (plain view and exigent circumstances considerations)
- Waldner, United States v. Waldner, 425 F.3d 514 (8th Cir. 2005) (safety or destruction-prevention considerations in searches)