Holkesvig v. Welte
2012 ND 14
| N.D. | 2012Background
- Hayes was released on cash bond with added pretrial conditions including random drug testing and warrantless searches of person, vehicle, and home.
- Police arrested Hayes on December 1, 2008 for driving with a suspended license and possession of a controlled substance while driving.
- A December 10, 2008 inventory search yielded marijuana, cash, and more cash in Hayes’ possession.
- Hayes moved to suppress the December 10 search, arguing the bond conditions violated Rule 46 and the Fourth Amendment; motion denied and she was convicted on six charges.
- The State attempted to search Hayes’ residence outside the courtroom, claiming consent; Hayes disputed consent scope.
- The Court reversed four convictions tied to the warrantless search at 210 Adams Street due to improper imposition of pretrial release conditions; affirmed two convictions from the December 1 stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pretrial search conditions violated Rule 46(a)(3) and were abused. | Hayes contends district court failed to justify 46(a)(2)(M) conditions and abused discretion. | State argues conditions were proper and enforceable to assure appearance. | Abuse of discretion; conditions invalid without explicit 46(a)(3) findings. |
| Standing to challenge the 210 Adams Street search. | Hayes had a subjective privacy interest via deed, taxes, prior use. | State contends Hayes not a resident, lacking standing. | Hayes had standing; protected interest due to deed, taxes, and prior use. |
| voluntariness of consent and good-faith exception. | Hayes did not voluntarily consent; officers pressured compliance. | State asserts consent and reliance on bond order were valid; good-faith applies. | Consent not voluntary; good-faith exception does not apply to bond-order warrantless searches. |
Key Cases Cited
- Minnesota v. Olson, 495 U.S. 91 (1990) (subjective expectation of privacy extends to overnight guests)
- Payton v. New York, 445 U.S. 573 (1980) (home privacy and warrant requirement)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to the exclusionary rule)
- State v. Ackerman, 499 N.W.2d 882 (N.D. 1993) (privacy expectations in a home environment in North Dakota)
- State v. Mitzel, 2004 ND 157 (N.D.) (voluntariness of consent; totality of circumstances)
- State v. Utvick, 2004 ND 36 (N.D.) (good-faith considerations and warrant-related exceptions)
- State v. Hansen, 2006 ND 139 (N.D.) (random drug-testing and bail conditions; moot/abbreviated discussion)
- State v. Smith, 2005 ND 21 (N.D.) (standards for reviewing suppression rulings)
- State v. Lunde, 2008 ND 142 (N.D.) (fourth amendment protections and exceptions in North Dakota)
- Scott, 450 F.3d 863 (9th Cir. 2006) (probable-cause requirement for pretrial warrantless searches; Scott v. United States)