Fetzer v. Workforce Safety and Insurance
2012 ND 73
| N.D. | 2012Background
- Domestic-disturbance call at Morin’s residence; Chase reported Morin intoxicated, angry, and with children inside; police entered seeking to check on children after Chase’s 911 call.
- Morin answered door; officer observed intoxication and confronted Morin, leading to a physical altercation with the officer.
- Morin was charged with simple assault on a peace officer and moved to suppress evidence, arguing unlawful entry without a warrant.
- District Court denied suppression, finding Chase consented to entry and exigent circumstances existed to permit entry.
- Morin pled guilty conditionally to simple assault on a peace officer; appellate review affirmed the suppression ruling and the judgment.
- Court affirmed the district court’s decision upholding consent and exigent-circumstances exceptions as sufficient to justify the entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether warrantless entry was valid on consent | State—consent by Chase valid; entry lawful | Morin—consent invalid or involuntary; entry unlawful | Consent supported; entry validated. |
| Whether exigent circumstances justified warrantless entry | State—exigency existed to check on children | Morin—no exigent basis to enter | Exigent circumstances supported district court finding. |
| Whether any evidence post-entry should be suppressed | State—no post-entry seizure shown; no suppression needed | Morin—potential suppression if entry unlawful | No record of suppressible post-entry statements; no reversal based on entry. |
Key Cases Cited
- City of Fargo v. Lee, 580 N.W.2d 580 (ND 1998) (warrantless home searches presumptively unreasonable; consent exception)
- State v. Avila, 566 N.W.2d 410 (ND 1997) (consent must be voluntary; totality of circumstances)
- State v. Huber, 793 N.W.2d 781 (ND 2011) (exigent circumstances defined and reviewed; emergency must exist)
- State v. DeCoteau, 592 N.W.2d 579 (ND 1999) (emergency basis for exigency standards)
- State v. Matthews, 665 N.W.2d 28 (ND 2003) (emergency grounds tying to area or place searched)
- State v. Johnson, 772 N.W.2d 591 (ND 2009) (standard of review for suppression; credibility of testimony)