State v. Damron, s. 970187
| Court | United States State Supreme Court of North Dakota |
| Writing for the Court | NEUMANN |
| Citation | 575 N.W.2d 912 |
| Parties | STATE of North Dakota, Plaintiff and Appellee, v. Michael Duane DAMRON, Defendant and Appellant. Criminalto 970189. |
| Docket Number | Nos. 970187,s. 970187 |
| Decision Date | 30 March 1998 |
Page 912
v.
Michael Duane DAMRON, Defendant and Appellant.
Rehearing Denied April 28, 1998.
Page 914
Wade L. Webb, Assistant State's Attorney, Fargo, for plaintiff and appellee.
Irvin B. Nodland, Bismarck, for defendant and appellant.
NEUMANN, Justice.
¶1 Under a plea agreement, Michael Damron entered conditional pleas of guilty to theft of property, a class B felony in Criminal No. 970187, and five counts of tampering with or damaging a public service, all class C felonies in Criminal No. 970188. Under the agreement, a charge of burglary was dismissed. Under his conditional plea, Damron preserved the right to challenge on appeal the issuance of a search warrant and the trial court's denial of his motion to suppress evidence seized in the execution of that warrant. Damron appealed in all three cases. Because the trial court dismissed the charge of burglary, his appeal of that case, our Criminal No. 970189, is dismissed. Because the magistrate had probable cause to issue the search warrant, the judgments and convictions in Criminal No. 970187 and 971088 are affirmed.
¶2 On or about January 21 or 22, 1995, the Site on Sound electronics store in Fargo was burglarized. On January 24, 1995, Police Officer Greg Stone presented the magistrate an application and supporting affidavit requesting a search warrant of Michael Damron's apartment. Exhibit A was attached to the application listing the items sought in the search. Items sought in Exhibit A included various burglary tools, plans of telephone communication devices or alarm systems, stolen electronic or stereo equipment, footwear with a distinctive diamond pattern in the heel print, and indicia of whose residence was being searched. Also attached to the application was Exhibit B, in which Officer Stone presented facts on which the magistrate was asked to rely to find probable cause for issuing a warrant to search Michael Damron's apartment. Exhibit B stated:
"EXHIBIT B
Det. Greg Stone, having been a police officer since 1978, with the Fargo Police Department since 1985, and currently assigned to the investigation division.
In his capacity with the Fargo Police Department, your affiant became involved in the investigation of a burglary occurring at the Site on Sound store located at 1443 Main Avenue in Fargo, North Dakota, on or about Saturday, January 21st, or the early morning hours of Sunday, January 22, 1995. Your affiant was advised by Mr. Craig (Butch) Boisjolie, owner of Site on Sound, that entry into the building was probably gained through forcible entry of a rear garage door on the back of the Site on Sound building. The burglar disabled an on-site audible alarm system inside of the Site on Sound building by cutting wires inside of the building. It was also determined that suspect must have passed through a motion detector device intended to send a silent alarm to the Fargo Police Department. It was later determined that the motion detector device was inactive because U.S. West telephone lines outside of the Site on Sound building had also been cut. Therefore, the silent alarm was inactive. Your affiant further learned in the
Page 915
investigation that the burglar took approximately $60,000 worth of stereo and electronic equipment from Site on Sound by loading it into a truck which had been left inside of the Site on Sound building. The suspects then took the truck from the Site on Sound building together with the electronic equipment. Your affiant learned that the truck stolen from the Site on Sound building was later recovered abandoned on a rural road near Harwood, North Dakota. The truck was discovered on Sunday, January 22, 1995, in the afternoon hours.Your affiant was again contacted by Mr. Craig Boisjolie on Tuesday, January 24, 1995, regarding a possible suspect. Your affiant was advised that a male individual identified as Michael Damron had frequented the Site on Sound business since the summer of 1994. He frequently came to the business and observed various stereo and electronic equipment. Your affiant was advised that Michael Damron had visited Site on Sound several times in the last couple of weeks and observed stereo equipment in a particular room where various stereo equipment and electronic equipment has been displayed. Your affiant was advised that much of the stereo and electronic equipment stolen in the burglary had been located in this display room. Also, a significant amount of the stereo and electronic equipment taken was the equipment that Mr. Michael Damron had expressed interest in to various employees and staff of Site on Sound. Through conversations with employees of Site on Sound, it was determined that Michael Damron has expressed knowledge about telephone communications equipment and devices, and alarm systems.
During the same period of time, Special Agent Wendy R. Loucks of the Federal Bureau of Investigation, was investigating the cutting and disabling of U.S. West telephone lines in the Cass and Clay County areas of North Dakota and Minnesota. On Tuesday, January 24, 1995, she was contacted by an FBI Agent in Mankato, Minnesota, and advised that they were aware of a person who had committed various burglaries of electronics and car parts stores by cutting telephone lines and disabling alarm systems. The individual was identified as Wade D. Arvidson. Special Agent Loucks was also advised that Wade Arvidson had gone through a legal name change in Minnesota. His current identification was unknown. Your affiant learned from Special Agent Loucks that Wade D. Arvidson may be a suspect in the Site on Sound burglary.
Your affiant and Special Agent Loucks traveled to the residence of Michael Damron, 1022 1/2 Ninth Avenue North, Apt. # 3, Fargo, North Dakota. At the residence, your affiant observed a Corvette-like automobile covered by a tarp. Your affiant had been advised by employees of Site on Sound that Michael Damron owned a Corvette automobile as well as a Trans Am. While your affiant was at the residence, he observed an individual drive by the residence in a Trans Am automobile. Shortly thereafter, the same individual arrived at the residence and spoke with your affiant and Special Agent Loucks. He identified himself as Michael Damron. He also advised Special Agent Loucks that he had formerly been Wade D. Arvidson. Special Agent Loucks and your affiant talked with Michael Damron about the Site on Sound burglary occurring over the weekend and he denied any involvement in the burglary.
When your affiant arrived at the residence of Michael Damron, he and Special Agent Loucks observed footprints in the snow on the property in the vicinity of the Corvette vehicle. Your affiant and Special Agent Loucks had observed photographs taken by Fargo Police Department officers and other investigators working on the vandalism of U.S. West telephone communication lines. Your affiant and Special Agent Loucks could observe that the pattern of the footprints in the snow at the property of Michael Damron appeared to be very similar if not identically matching the photographs of footprints taken at least three locations where U.S. West telephone communications lines had been cut. The footprints at the residence of Michael Damron specifically appeared to match footprints at the location where U.S. West telephone communication lines had been cut just outside of the Site on Sound building
Page 916
on Main Avenue in Fargo which disabled the alarm system at Site on Sound as well as other telephone communications.Your affiant had been advised that during the original burglary investigation at Site on Sound, Fargo Police Department officers observed a snowmobile track in the vicinity of the Site on Sound building. Fargo Police Department officers also observed footprints leading from the snowmobile track to the Site on Sound building. The snowmobile track was followed along railroad tracks in downtown Fargo and eventually lead [sic] to an abandoned snowmobile. Fargo Police Department officers determined the snowmobile had been stolen from Worthington, Minnesota, on or about January 13, 1995. Your affiant was informed by Special Agent Loucks that FBI Agents in Mankato, Minnesota, had indicated Wade Arvidson, a/k/a Michael Damron, had lived in Mankato, Minnesota, prior to moving to Sioux Falls, South Dakota, and ultimately moved to Fargo, North Dakota. Your affiant and Special Agent Loucks reviewed an Atlas map of Minnesota and eastern South Dakota and eastern North Dakota, and determined that Worthington is directly enroute between Mankato, Minnesota and Sioux Falls, South Dakota.
During the interview with Michael Damron, he indicated to your affiant and Special Agent Loucks that he is currently an electrical engineering student at North Dakota State University. He also declined a consent to search his residence."
¶3 The magistrate issued the search warrant and police officers immediately proceeded to Damron's apartment. The search resulted in the seizure of many items. Based on the items seized, a warrant was issued for Damron's arrest, and subsequent search warrants were obtained permitting the search of his home, car, and a storage shed in Sioux Falls, South Dakota. Damron moved to suppress all evidence seized from these searches, claiming the magistrate did not have probable cause to issue the warrant to search his apartment. The trial court denied the motion. Damron entered conditional pleas of guilty under Rule 11, N.D.R.Crim.P., reserving his right to appeal.
¶4 Damron contends the items seized during the officers' search of his apartment should be suppressed because the magistrate did not have sufficient evidence to establish probable cause for issuance of the search warrant. Therefore, the search of his residence violated his Fourth Amendment right against...
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State v. Dodson, 20030042.
...was presented to a magistrate to establish probable cause, independent of the trial court's findings. State v. Damron, 1998 ND 71, ¶ 7, 575 N.W.2d 912. "Although each bit of information ..., by itself, may not be enough to establish probable cause and some of the information may have an inn......
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State v. Utvick, 20030103.
...as trained officers... which is not weighed in individual layers but in the "laminated" total.'" State v. Damron, 1998 ND 71, ¶ 7, 575 N.W.2d 912 (citations omitted). We generally defer to a magistrate's determination of probable cause if there was a substantial basis for the conclusion, an......
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State v. Wamre, No. 980239
...Dakota Constitution. Whether there is probable cause to issue a search warrant is a question of law. [State v.] Damron, 1998 ND 71, ¶ 5, 575 N.W.2d 912; State v. Hage, 1997 ND 175, ¶ 10, 568 N.W.2d 741; State v. Mische, 448 N.W.2d 415, 417 (N.D.1989). The totality-of-the-circumstances test ......
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Rohda v. State, 03-201.
...(2004); United States v. Burton, 288 F.3d 91 (3rd Cir.2002); United States v. Whitner, 219 F.3d 289 (3d Cir.2000); State v. Damron, 575 N.W.2d 912 (N.D.1998); United States v. Taylor, 985 F.2d 3, 6 (1st Cir.1993); Malcolm v. State, 314 Md. 221, 550 A.2d 670, 675 (1988); and State v. O'Neill......
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State v. Dodson
...was presented to a magistrate to establish probable cause, independent of the trial court's findings. State v. Damron, 1998 ND 71, ¶ 7, 575 N.W.2d 912. "Although each bit of information ..., by itself, may not be enough to establish probable cause and some of the information may have an inn......
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State v. Utvick, 20030103.
...they know, and what they observed as trained officers... which is not weighed in individual layers but in the "laminated" total.'" State v. Damron, 1998 ND 71, ¶ 7, 575 N.W.2d 912 (citations omitted). We generally defer to a magistrate's determination of probable cause if there was a substa......
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State v. Wamre, No. 980239
...Dakota Constitution. Whether there is probable cause to issue a search warrant is a question of law. [State v.] Damron, 1998 ND 71, ¶ 5, 575 N.W.2d 912; State v. Hage, 1997 ND 175, ¶ 10, 568 N.W.2d 741; State v. Mische, 448 N.W.2d 415, 417 (N.D.1989). The totality-of-the-circumstances test ......
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Rohda v. State, 03-201.
...1094-95 (2004); United States v. Burton, 288 F.3d 91 (3rd Cir.2002); United States v. Whitner, 219 F.3d 289 (3d Cir.2000); State v. Damron, 575 N.W.2d 912 (N.D.1998); United States v. Taylor, 985 F.2d 3, 6 (1st Cir.1993); Malcolm v. State, 314 Md. 221, 550 A.2d 670, 675 (1988); and State v.......