Legal Opinion

State v. Guscette

North Dakota Supreme Court

Decided April 13, 2004No. 20030177PublishedCited by 30 opinions

1Opinion of the Court

KAPSNER, Justice.

[¶ 1] Stephanie Guscette appealed from a conviction for possession of drug paraphernalia. We hold there is sufficient competent evidence fairly supporting the trial court’s findings that Guscette had not been seized under the Fourth Amendment when she allowed a law enforcement officer to search her vehicle and that she voluntarily consented to the search of her vehicle and a purse in the vehicle. We affirm.

I

[¶ 2] At about 8 pm. on February 4, 2003, Fargo Police Officer Kyle Olson stopped a vehicle driven by Guscette for a broken taillight. Olson approached Gus-cette’s…

2Cases cited15 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Florida v. BostickSupreme Court of the United States · 1991
  3. Florida v. JimenoSupreme Court of the United States · 1991
  4. United States v. DraytonSupreme Court of the United States · 2002
  5. United States v. Donald H. JonesCourt of Appeals for the Eighth Circuit · 2001

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

3Cited by30 opinions

  1. State v. MitzelNorth Dakota Supreme Court · 2004
  2. State v. GenreNorth Dakota Supreme Court · 2006
  3. People of Michigan v. Glorianna WoodardMichigan Court of Appeals · 2017
  4. State v. DeCoteauNorth Dakota Supreme Court · 2004
  5. State v. FranzenNorth Dakota Supreme Court · 2010

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

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