925 N.W.2d 451
N.D.2019Background
- Police received an anonymous tip that Odum returned from out of town "with a quantity of marijuana."
- Officers located and searched a garbage can placed for regular curbside pickup outside Odum’s residence and found labeled plastic packages and tubes indicating they contained THC/marijuana, zig-zag rolling papers, and green leafy flakes that an officer said appeared to be marijuana.
- Based on the tip and the garbage search, officers obtained a search warrant for Odum’s home; execution of the warrant uncovered firearms and items related to marijuana distribution.
- Odum was charged with possession with intent to manufacture or deliver and possession of a firearm by a convicted felon; he moved to suppress and to dismiss, arguing the warrant lacked probable cause and no nexus linked the garbage to his residence.
- A district court granted suppression and dismissal; the State appealed to the North Dakota Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probable cause supported issuance of the warrant | The tip plus contraband-labeled packaging and apparent marijuana in curbside garbage provided sufficient probable cause | Labeled packaging, rolling papers, and empty containers are lawful and insufficient; evidence lacked nexus to residence | Warrant supported: totality (tip + garbage evidence + can location) provided probable cause |
| Whether a nexus existed between garbage contents and Odum’s residence | Location of garbage, Odum’s driver’s license showing the address, and mailbox name supported nexus | No indicia of residency in the specific garbage bags; nexus absent without residency indicators | Nexus satisfied by garbage placement, address verification, and mailbox name |
Key Cases Cited
- State v. Apland, 858 N.W.2d 915 (N.D. 2015) (standard for reviewing magistrate probable-cause determinations)
- State v. Biwer, 915 N.W.2d 837 (N.D. 2018) (totality-of-the-circumstances test for warrants)
- State v. Schmalz, 744 N.W.2d 734 (N.D. 2008) (garbage-search facts and nexus analysis)
- State v. Jones, 653 N.W.2d 668 (N.D. 2002) (garbage evidence can support probable cause)
- State v. Doohen, 724 N.W.2d 158 (N.D. 2006) (probable cause requires reasonable belief, not certainty)
- State v. Kieper, 747 N.W.2d 497 (N.D. 2008) (common household items may be insufficient for probable cause)
- State v. Thieling, 611 N.W.2d 861 (N.D. 2000) (suspicion may attach to noncriminal acts based on context)
- State v. Duchene, 624 N.W.2d 668 (N.D. 2001) (evidence insufficient for guilt can still support probable cause)