State v. Mittleider, 2011 ND 242

In 2010, Andrew and Ricky Mittleider hunted with appropriate tags/licenses and shot a deer near the Lake George Wildlife Refuge, which was not properly signed at the boundary.
The deer was loaded into Ricky’s pickup and transported to the Mittleiders’ farmstead.
Deputy Lemiux entered the farmstead without permission or a warrant, observed the deer, and left the pickup area.
Game Warden Myhre entered without permission, confirmed the deer was on the refuge, and a search warrant was later obtained for the deer, weapon, and photos.
The district court denied suppression and denied a motion in limine to admit a mistake-of-fact defense, concluding the offenses were strict liability and the defense was not warranted.
On consolidated appeal, the Supreme Court affirmed the district court’s rulings and upheld the denials.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether suppression was proper given lack of reasonable privacy expectation	Mittleider: officers had legitimate business; no edge-of-road privacy; signs did not create privacy.	Mittleider: posted no trespass signs should have created privacy and barred entry.	No Fourth Amendment violation; district court did not err.
Whether mistake-of-fact defense to strict-liability hunting offenses should be admitted	Strict liability offenses preclude mistake-of-fact defenses.	Public policy supports admission given hunting rights and sign issues.	Denied; not a rare case supporting such defense.

State v. Graf, 721 N.W.2d 381 (N.D. 2006) (standard for reviewing suppression findings; defer to district court on facts)
State v. Kleppe, 800 N.W.2d 311 (N.D. 2011) (abuse-of-discretion review for in limine rulings)
State v. Olson, 656 N.W.2d 650 (N.D. 2003) (strict-liability offenses and culpability concepts)
State v. Ness, 774 N.W.2d 254 (N.D. 2009) (affirmative defense to strict liability rarely applicable)
State v. Brandner, 551 N.W.2d 284 (N.D. 1996) (unwitting or unknowing possession applicable in limited contexts)
State v. Rasmussen, 524 N.W.2d 843 (N.D. 1994) (exceptional circumstances for affirmative defenses)
State v. Michlitsch, 438 N.W.2d 175 (N.D. 1989) (affirmative defense for possession of controlled substance)
State v. Holte, 631 N.W.2d 595 (N.D. 2001) (policy-based affirmative defenses to strict liability offenses)
State v. Rydberg, 519 N.W.2d 306 (N.D. 1994) (scope of privacy protection under state constitution)
Kochel v. State, 744 N.W.2d 771 (N.D. 2008) (no trespassing signs and privacy expectations in rural settings)
State v. Beane, 770 N.W.2d 283 (N.D. 2009) (police entrance to residence for official duties; implied consent considerations)
Oliver v. United States, 466 U.S. 170 (U.S. 1984) (curtilage and open fields doctrine for privacy expectations)