History
  • No items yet
midpage
State v. Musselman
881 N.W.2d 201
| N.D. | 2016
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: State v. Musselman
Court Name: North Dakota Supreme Court
Date Published: Jun 7, 2016
Citation: 881 N.W.2d 201
Docket Number: 20150250
Court Abbreviation: N.D.