G.K.T. v. T.L.T.
2011 ND 115
| N.D. | 2011Background
- Officers searched Payne's residence under probation conditions granting warrantless searches at any time, focused on living room and Payne's bedroom.
- In Payne's bedroom, a metal cleaning rod with burned marijuana residue and a purse were found; purse contained items tied to marijuana use.
- Peterson claimed all drugs and paraphernalia found in the bedroom belonged to her.
- Peterson was charged with unlawful possession of a controlled substance and unlawful possession of drug paraphernalia; she moved to suppress the purse evidence; hearing was waived and case submitted on briefs.
- Trial court held Peterson shared diminished privacy in areas with the probationer but not in her purse, ruled warrantless purse search violated Fourth Amendment, and granted suppression; State appealed.
- This appeal is dismissed for failure of the prosecuting attorney's statement to satisfy N.D.C.C. § 29-28-07(5).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the prosecuting attorney's statement satisfy § 29-28-07(5)? | Statement complies with statute requirements. | Statement lacks explanation of relevance/necessity for the suppressed evidence. | No; the statement fails to satisfy § 29-28-07(5). |
| Is the State's appeal proper given the evidence sufficiency for the charged offense without the suppressed items? | Suppressed evidence is necessary to prove possession. | Non-suppressed evidence suffices to prosecute the drug-paraphernalia count; plain-view items may be usable. | The non-suppressed evidence suffices to proceed; suppression does not barrier the charge. |
Key Cases Cited
- State v. Emil, 2010 ND 117 (ND 2010) (sets the correctness standard for prosecuting attorney's statement in § 29-28-07(5) appeals)
- Fettig, 2001 ND 12 (ND 2001) (requires more than bare parroting of statute; must explain relevance)
- Beane, 2009 ND 146 (ND 2009) (allows review when facts show relevance of suppressed evidence despite broad language)
- Gay, 2008 ND 84 (ND 2008) (recognizes relevance of the suppressed evidence when clearly apparent from the record)