Grand Forks Homes, Inc. v. State of North Dakota
2011 ND 65
| N.D. | 2011Background
- Daryl G. Johnson was charged after a March 24, 2010 search of his residence and vehicle yielded methamphetamine, drug paraphernalia, and lab-related items.
- The search warrant was issued based on testimony at a March 24, 2010 hearing by officer Karlgaard and information from Brooke Kieffer.
- Kieffer admitted methamphetamine use at Johnson’s residence; Karlgaard observed Kieffer with Johnson near Johnson’s residence and inside Johnson’s dwelling.
- A 2008 controlled buy involving Johnson was previously conducted by law enforcement and presented to support probable cause when combined with more recent observations.
- Johnson moved to suppress the seized evidence; the district court denied the motion and Johnson pled not guilty, then entered a conditional guilty plea.
- The Supreme Court affirmed the district court’s judgment, concluding the warrant was supported by probable cause and that the information was not stale.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause sufficiency for residence warrant | Johnson asserts lack of reliability and insufficient corroboration | State contends reliability and corroboration exist through Karlgaard’s observations | Warrant supported by probable cause |
| Staleness and layering of information for probable cause | Stale 2008 buy information cannot support current probable cause | Robust, layered evidence validates probable cause despite age | Probable cause not improper due to layering; 2008 info remains valid when combined with recent observations |
Key Cases Cited
- State v. Poitra, 2010 ND 137 (2010) (appellate review of suppression findings with competent evidence)
- State v. Scholes, 2008 ND 146 (2008) (probable cause standards and deference to district court findings)
- State v. Lunde, 2008 ND 142 (2008) (informant reliability and corroboration standards)
- State v. Kieper, 2008 ND 65 (2008) (probable cause based on totality of circumstances)
- State v. Roth, 2004 ND 23 (2004) (staleness and continuous course of conduct considerations)
- State v. Damron, 1998 ND 71 (1998) (laminated total of information for probable cause)