State v. Schmidt, 885 N.W.2d 65

Officers served a misdemeanor bench warrant for roommate Devin Lavallie at an apartment; Deven Schmidt (roommate) answered and led officers inside, then retreated to his bedroom.
While executing the warrant in Lavallie’s bedroom, an officer observed drug paraphernalia in plain view and arrested Lavallie.
The officer went to Schmidt’s bedroom, handcuffed and detained Schmidt in the living room for officer safety, then obtained written consent from both men to search the residence.
Paraphernalia was subsequently found in Schmidt’s bedroom; Schmidt was charged with possession and later with conspiracy to deliver.
The district court originally suppressed evidence, this Court reversed on warrant-entry authority (State v. Schmidt, 2015 ND 134), and on remand the district court denied a renewed suppression motion; Schmidt entered conditional pleas and appealed.
The Supreme Court of North Dakota affirmed, holding the detention and consent search were reasonable under the Fourth Amendment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Legality of seizure/detention of Schmidt after plain-view discovery	Officer had reasonable suspicion and could detain occupants to "freeze the scene" for safety and investigation	Schmidt: handcuffing and removing him from his bedroom was an unlawful seizure absent particularized suspicion	Held: Detention was reasonable; plain-view paraphernalia gave officers reasonable and articulable suspicion to detain a resident for safety and investigation
Voluntariness of written consent to search the residence	State: consent was voluntary under totality of circumstances (cooperation, calm demeanor, short detention, no coercive conduct shown)	Schmidt: consent coerced by handcuffs, custody, armed officers, alleged threat to "tear the place apart," and lack of Miranda warnings	Held: Consent was voluntary; district court credibility findings supported; no coercion shown and Miranda warnings not required for consent

Maryland v. Buie, 494 U.S. 325 (protective sweep doctrine; limited cursory inspection for officer safety)
Terry v. Ohio, 392 U.S. 1 (investigative stop requires reasonable and articulable suspicion)
Michigan v. Summers, 452 U.S. 692 (detention of occupants during execution of a search warrant justified)
Muehler v. Mena, 544 U.S. 93 (categorical authority to detain occupants incident to arrests; handcuffing may be reasonable)
State v. Schmidt, 864 N.W.2d 265 (N.D. 2015) (earlier decision: misdemeanor bench warrant authorized entry to execute warrant)
State v. Parizek, 678 N.W.2d 154 (N.D. 2004) (totality of circumstances and freezing the scene doctrine)
State v. Mitzel, 685 N.W.2d 120 (N.D. 2004) (warrantless home searches presumptively unreasonable; consent exception requires voluntariness)