State v. Morin
815 N.W.2d 229
N.D.2012Background
- Morin appealed after pleading guilty to simple assault on a peace officer following a district court denial of his suppression motion.
- Police responded to a domestic-disturbance call at Morin and Chase’s residence; Chase testified Morin was intoxicated and threatening, leaving children inside with Morin.
- Officer Miller testified Chase repeatedly expressed need to enter to check on children; Chase denied stating Morin threatened the children.
- Officer Miller entered Morin’s home after Morin answered the door and Morin raised a fist; a confrontation ensued.
- District court determined Chase consented to entry and exigent circumstances justified warrantless entry.
- Morin’s suppression motion sought suppression of evidence and statements obtained after entry; the district court denied the motion; the State and Morin proceeded to trial on other issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was entry lawful under Chase’s consent? | Morin | State | Yes; consent supported entry and was voluntary. |
| Were exigent circumstances present to justify warrantless entry? | Morin | State | Yes; district court’s findings supported exigent circumstances. |
| Does the record support suppression of evidence and statements post-entry? | Morin | State | Not applicable; no evidence shown of post-entry seizure or statements. |
| Is the standard of review for suppression decisions properly applied? | Morin | State | Yes; standard reaffirmed and applied. |
Key Cases Cited
- City of Fargo v. Lee, 580 N.W.2d 580 (ND 1998) (presumptively unreasonable warrantless entries absent exceptions)
- State v. Avila, 566 N.W.2d 410 (ND 1997) (consent must be voluntary under totality of circumstances)
- State v. Johnson, 772 N.W.2d 591 (ND 2009) (standard for reviewing suppression findings)
- State v. Salter, 758 N.W.2d 702 (ND 2008) (clarifies suppression review framework)
- State v. Doohen, 724 N.W.2d 158 (ND 2006) (emphasizes credibility and factual findings in suppression review)
- State v. Huber, 793 N.W.2d 781 (ND 2011) (exigent circumstances defined and reviewed)
- State v. DeCoteau, 592 N.W.2d 579 (ND 1999) (emergency exception elements and application)