Legal Opinion

State v. Biwer

North Dakota Supreme Court

Decided July 26, 2018No. 20170458PublishedCited by 7 opinions

1Opinion of the Court

Crothers, Justice.

[¶ 1] Mitchell S. Biwer appeals from a district court judgment denying his motion to suppress evidence. Biwer argues probable cause did not exist for search warrants for a package he shipped or for his residence. We reverse the judgment as to the package, affirm the judgment as to the residence, and remand for further proceedings.

I

[¶ 2] On April 17, 2017 Bismarck Police Detective Jerry Stein received a call from a shipping store employee about a suspicious package Biwer dropped off to be shipped to Denver, Colorado. The employee told Stein "[Biwer] was explaining too much…

2Cases cited20 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Nix v. WilliamsSupreme Court of the United States · 1984
  4. State v. RingquistNorth Dakota Supreme Court · 1988
  5. State v. GreggNorth Dakota Supreme Court · 2000

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3Cited by7 opinions

  1. Schlieve v. SchlieveNorth Dakota Supreme Court · 2014
  2. State v. LaverdureNorth Dakota Supreme Court · 2019
  3. State v. OdumNorth Dakota Supreme Court · 2019
  4. State v. VallesNorth Dakota Supreme Court · 2019
  5. State v. BiwerNorth Dakota Supreme Court · 2018

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

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