Legal Opinion
State v. Zearley
North Dakota Supreme Court
Decided July 18, 1989No. Cr. 880322PublishedCited by 19 opinions
1Opinion of the Court
MESCHKE, Justice.
The State appealed from an order suppressing evidence of possession of a controlled substance. The evidence was discovered during a patdown and pocket search of a guest in a home being lawfully searched for drugs pursuant to a no-knock warrant. We reverse and remand for reconsideration.
Drug Enforcement agent Maixner and a team of Mandan police officers searched the Metzner home for drugs and related items. The no-knock search warrant did not reach other persons or property. While the other officers were at the front door with the warrant, Maixner knocked and entered the…
2Cases cited9 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Sibron v. New YorkSupreme Court of the United States · 1968
- Pennsylvania v. MimmsSupreme Court of the United States · 1977
- Ybarra v. IllinoisSupreme Court of the United States · 1980
- Michigan v. SummersSupreme Court of the United States · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. GuyWisconsin Supreme Court · 1992
- State v. HeitzmannNorth Dakota Supreme Court · 2001
- State v. ParizekNorth Dakota Supreme Court · 2004
- Germany v. United StatesDistrict of Columbia Court of Appeals · 2009
- State v. BeaneNorth Dakota Supreme Court · 2009
14 more not listed; retrieve them via the Exa API.