State v. Turbeville
2017 ND 139
| N.D. | 2017Background
- Police executed a search warrant at Kensley Turbeville’s residence after responding to a possible domestic dispute and smelling burnt marijuana.
- Officers found about an ounce (officer testified "about an ounce or less") of marijuana, baggies (some containing marijuana), a grinder, a box for a small pocket scale, and $379 in cash in Turbeville’s bedroom.
- Turbeville was charged with class B felony possession of a controlled substance with intent to deliver and two paraphernalia counts.
- At the preliminary hearing the officer testified the marijuana appeared processed into smaller, equal pieces for distribution; weight was not yet lab-tested.
- The district court dismissed the felony possession-with-intent-to-deliver count with prejudice for lack of probable cause, finding the quantity and other evidence insufficient to show intent to deliver.
- The State appealed, arguing the evidence presented at the preliminary hearing established probable cause for the intent-to-deliver charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence at preliminary hearing supported probable cause for possession with intent to deliver | Sufficient: officer observed marijuana divided into equal portions, baggies, scale box, grinder, and cash—enough for probable cause | Insufficient: amount (~1 ounce), paraphernalia, and cash indicate personal use, not intent to deliver | Reversed district court: evidence was sufficient as a matter of law to establish probable cause and dismissal was erroneous |
Key Cases Cited
- State v. Goldmann, 831 N.W.2d 748 (N.D. 2013) (State may appeal order dismissing charge; preliminary hearing review standard)
- State v. Blunt, 751 N.W.2d 692 (N.D. 2008) (preliminary hearing is screening for probable cause; hearsay admissible)
- State v. Berger, 683 N.W.2d 897 (N.D. 2004) (probable cause requires reasonable grounds to believe a violation occurred)
- State v. Foley, 610 N.W.2d 49 (N.D. 2000) (whether facts reach probable cause is a question of law, fully reviewable)
- State v. Perreault, 638 N.W.2d 541 (N.D. 2002) (standard for reviewing preliminary hearing dismissals)
- State v. Buchholz, 692 N.W.2d 105 (N.D. 2005) (preliminary hearing is not a trial on the merits)
- State v. Gwyther, 589 N.W.2d 575 (N.D. 1999) (dismissal/quashing of complaint is appealable by the State)
- State v. Erickson, 795 N.W.2d 375 (N.D. 2011) (State’s right to appeal must be statutorily granted)