Legal Opinion
State v. Schmitz
North Dakota Supreme Court
Decided July 31, 1991No. Cri. Nos. 900356, 900357PublishedCited by 9 opinions
1Opinion of the Court
MESCHKE, Justice.
Challenging the constitutionality of separate searches, James Schmitz appealed from convictions for theft of four implement tires and for theft of a three-point hitch. We affirm the conviction for theft of the tires, but reverse the conviction for theft of the hitch.
On June 28, 1989, detective Stancel of the Williams County Sheriffs Department questioned Schmitz about gates that had been stolen from an auction sale. While on the Schmitz farmstead, Stancel noticed a number of truck rims stacked on a pallet. Remembering that similar rims had been reported stolen, Stancel left…
2Cases cited26 opinions
- Horton v. CaliforniaSupreme Court of the United States · 1990
- Florida v. JimenoSupreme Court of the United States · 1991
- Maryland v. GarrisonSupreme Court of the United States · 1987
- United States v. Richard J. Leary, and F.L. Kleinberg & Co.Court of Appeals for the Tenth Circuit · 1988
- United States v. John D. JohnsonCourt of Appeals for the Eighth Circuit · 1976
21 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Alvarez v. CarlsonNorth Dakota Supreme Court · 1994
- State v. GuscetteNorth Dakota Supreme Court · 2004
- State v. WolferNorth Dakota Supreme Court · 2010
- City of Jamestown v. ErdeltNorth Dakota Supreme Court · 1994
- Ennis v. Williams County Board of CommissionersNorth Dakota Supreme Court · 1992
4 more not listed; retrieve them via the Exa API.