Legal Opinion

State v. Schmidt

North Dakota Supreme Court

Decided May 27, 2015No. 20140272PublishedCited by 10 opinions

1Opinion of the Court

VANDE WALLE, Chief Justice.

[¶ 1] The State appealed from a district court order granting Deven Schmidt’s motion to suppress the evidence. We reverse and remand.

I

[¶ 2] A law officer attempted to serve a misdemeanor bench warrant on Deven La-vallie at the location listed on the warrant. Deven Schmidt resided at that residence, but was not a subject of the warrant. Schmidt answered the door for the officer, who asked if Lavallie was there. Schmidt responded that he was sleeping in the back bedroom. The officer then informed him that he had an arrest warrant for Lavallie. Schmidt did not verbally…

2Cases cited17 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. El Bey v. RoopCourt of Appeals for the Sixth Circuit · 2008
  3. United States v. Clarence Kenneth GormanCourt of Appeals for the Ninth Circuit · 2002
  4. United States v. RouteCourt of Appeals for the Fifth Circuit · 1997
  5. United States v. Mark E. ClaytonCourt of Appeals for the Eighth Circuit · 2000

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

3Cited by10 opinions

  1. State v. SchmidtNorth Dakota Supreme Court · 2016
  2. Maisel v. GelhausCourt of Appeals of Iowa · 1987
  3. State v. WhiteNorth Dakota Supreme Court · 2018
  4. State v. WhiteNorth Dakota Supreme Court · 2017
  5. State v. WillsNorth Dakota Supreme Court · 2019

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

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