State v. Hayes, 809 N.W.2d 309

Hayes was arrested December 1, 2008 for driving with a suspended license; an inventory search yielded marijuana and cash.
At initial appearance, the district court amended Hayes’s bond to require random drug testing and warrantless searches of her person, vehicle, and home.
Outside the courtroom, officers sought consent to search 210 Adams Street; Hayes claimed she resided at 211 Hagerud Street and consented only to that address.
Officers searched 210 Adams Street, found drug paraphernalia, and Hayes admitted recent methamphetamine and marijuana use; the conviction expanded to four drug-related charges.
Hayes moved to suppress the December 10 search; the district court denied, and a jury convicted on all six charges before this appeal.
On appeal, the court held the district court abused its discretion by imposing 46(a)(2)(M) conditions without proper findings and reversed four convictions while affirming two from the December 1 stop.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standing to challenge search	Hayes has standing due to deed, taxes, and prior residence	State contends Hayes lacked living presence at 210 Adams Street	Hayes had standing to contest the search
Authority to impose warrantless searches as a release condition	Condition of pretrial release cannot include warrantless searches under Rule 46(a)(2) without explicit findings	Warrantless searches permissible under 46(a)(2)(M) as a catch-all	District court abused its discretion by imposing 46(a)(2)(M) conditions without proper 46(a)(3) findings
voluntariness of Hayes's consent to search	Consent coerced by threat of violating bond conditions; not voluntary	Consent was voluntary and based on Hayes’s choice to avoid bond violation	Consent to search 210 Adams Street was not voluntary
Good-faith exception to the warrant requirement	Officers relied on district court’s amended bond order	Leon good-faith applies to warrant enforcement under bond order	Good-faith exception does not apply; bond order lacked probable cause and a warrant

State v. Hansen, 2006 ND 139 (ND) (random drug-testing as a bail condition discussed)
Scott, 450 F.3d 863 (9th Cir. 2005) (probable cause required for warrantless searches under pretrial release)
State v. Mitzel, 2004 ND 157 (ND) (voluntary consent evaluation and privacy expectations)
Payton v. New York, 445 U.S. 578 (U.S. 1980) (core Fourth Amendment privacy expectations in the home)
State v. Ackerman, 499 N.W.2d 882 (ND) (privacy expectations of a non-overnight occupant)
United States v. Leon, 468 U.S. 897 (U.S. 1984) (good-faith exception to the exclusionary rule)
Groh v. Ramirez, 540 U.S. 551 (U.S. 2004) (warrant specification requirements for searches)
United States v. Strand, 761 F.2d 449 (8th Cir. 1985) (limitations on warrants and searches)