840 N.W.2d 641
N.D.2013Background
- Burglaries in Bismarck totaling over $65,000 in losses and damage over several months.
- Detective Fullerton conducted a probation search, gathered tip information, reviewed Facebook data, and performed a cell tower dump tying D.O. to the area and times of crimes.
- Two search warrant affidavits were filed on January 16, 2013: one for Facebook activity and one for text messages.
- Facebook affidavit linked location data and public posts suggesting burglary involvement; items from probation search linked to burglary methods.
- State petitioned for delinquency acts and moved to transfer to district court; D.O. moved to suppress evidence and oppose transfer.
- Juvenile court denied suppression and ordered transfer; State’s motion to transfer to district court affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Franks hearing viability and false statements | D.O. claims false statements in affidavit; Franks remedy should be applied. | State contends no false statements; any omissions do not invalidate probable cause. | No Franks error; no false/misleading information proven. |
| Probable cause to issue the Facebook search warrant | D.O. argues insufficient probable cause from Facebook data alone. | State contends totality of circumstances supports probable cause. | Probable cause existed; totality supported issuance. |
| Admissibility of hearsay at transfer hearing and notice of witnesses | D.O. asserts confrontation rights and notice violation at transfer. | State argues relaxed evidentiary standards and proper cross-examination availability. | No confrontation violation; hearsay admissible at transfer; notice adequate. |
| Transfer to district court proper | D.O. challenges transfer on grounds of amenability to treatment and relevant factors. | State shows reasonable grounds under NDCC 27-20-34(1)(c)(4) for transfer. | Transfer to district court affirmed; reasonable grounds shown. |
Key Cases Cited
- State v. Dodson, 2003 ND 187 (ND) (probable cause standard to issue a search warrant; totality-of-the-circumstances)
- Franks v. Delaware, 438 U.S. 154 (U.S. Supreme Court) ( Franks hearing when challenging false statements in affidavits)
- Donovan, 2004 ND 201 (ND) (Franks standards and omission of information in affidavits)
- State v. Poitra, 2010 ND 137 (ND) (omitted information must affect probable cause)
- Interest of R.A., 2011 ND 119 (ND) (confrontation rights at transfer hearings are limited; evidence admissibility relaxed)
- Interest of C.R.M., 552 N.W.2d 324 (ND) (hearsay admissible at transfer hearings; cross-examination available)
- State v. Proell, 2007 ND 17 (ND) (totality-of-the-circumstances and multiple affidavits in search warrants)