Legal Opinion

State v. Gilberts

North Dakota Supreme Court

Decided February 23, 1993No. Cr. 920207PublishedCited by 28 opinions

1Opinion of the Court

MESCHKE, Justice.

Craig Gilberts appeals from his conviction for unlawful possession of cocaine. Gilberts entered a conditional guilty plea under NDRCrimP 11(a)(2), reserving the right to appeal from the trial court’s denial of his motion to suppress evidence. We hold that the officer’s search of Gilberts’s jacket violated Gilberts’s Fourth Amendment rights against unreasonable search and seizure, and that the trial court erred in refusing to suppress the evidence from that invalid search. We reverse the conviction and remand with directions that Gil-berts be allowed to withdraw his guilty…

Also in this document: Concurrence.

2Cases cited21 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. United States v. RobinsonSupreme Court of the United States · 1973
  4. New York v. BeltonSupreme Court of the United States · 1981
  5. Pennsylvania v. MimmsSupreme Court of the United States · 1977

16 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Vasquez v. StateWyoming Supreme Court · 1999
  2. State v. SmithSupreme Court of New Jersey · 1994
  3. State v. PierceSupreme Court of New Jersey · 1994
  4. City of Fargo v. McLaughlinNorth Dakota Supreme Court · 1994
  5. State v. OverbyNorth Dakota Supreme Court · 1999

23 more not listed; retrieve them via the Exa API.

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