State v. Musselman
881 N.W.2d 201
| N.D. | 2016Background
- In Oct. 2013, Fargo officers received a tip from a detective (based on a named informant) that Musselman would arrive by Amtrak from Washington to Fargo carrying drugs.
- Officers, including McCarthy and Christensen, corroborated the tip by confirming Musselman was on the train with Amtrak police and by observing her exit the train; they also observed a vehicle registered to Musselman in the station lot.
- Approximately 8–10 officers were at the station; three spoke with Musselman. McCarthy approached and questioned her about the investigation; she denied involvement and became defensive.
- While speaking, Musselman tried to hand a black cylinder to Steven Buzalsky; an officer opened it and identified methamphetamine inside.
- Musselman was charged with possession with intent to deliver; she moved to suppress evidence as the product of an unlawful seizure. The district court denied suppression, she was convicted, sought post-conviction relief for an untimely appeal, and was granted leave to appeal the original conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers’ contact and questioning at the Amtrak station constituted a lawful Terry stop | State: The approach was a reasonable investigatory stop supported by corroborated tips and observations | Musselman: The stop/questioning was an unreasonable seizure violating the Fourth Amendment | Court: The stop was a reasonable Terry stop; suppression properly denied |
Key Cases Cited
- United States v. Sokolow, 490 U.S. 1 (U.S. 1989) (totality-of-circumstances for reasonable suspicion)
- State v. Sabinash, 574 N.W.2d 827 (N.D. 1998) (deferential standard reviewing denial of suppression)
- State v. Nelson, 488 N.W.2d 600 (N.D. 1992) (collective information/shared tips may support a stop)
- State v. Kenner, 559 N.W.2d 538 (N.D. 1997) (officer corroboration of tips can justify investigatory stops)
- Geiger v. Backes, 444 N.W.2d 692 (N.D. 1989) (officers may assess multiple factors together to form reasonable suspicion)
