State v. Holzer
| Decision Date | 19 February 2003 |
| Docket Number | No. 20020180.,20020180. |
| Citation | 656 N.W.2d 686,2003 ND 19 |
| Parties | STATE of North Dakota, Plaintiff and Appellee, v. Johnathan HOLZER, aka Jonathon Holzer, Defendant and Appellant. |
| Court | North Dakota Supreme Court |
656 N.W.2d 686
2003 ND 19
v.
Johnathan HOLZER, aka Jonathon Holzer, Defendant and Appellant
No. 20020180.
Supreme Court of North Dakota.
February 19, 2003.
Rehearing Denied March 26, 2003.
Julie A. Lawyer, Assistant State's Attorney, Bismarck, N.D., for plaintiff and appellee.
MARING, Justice.
[¶ 1] Johnathan Holzer appeals from a criminal judgment entered following a conditional plea of guilty to Possession of Methamphetamine, Possession of Drug Paraphernalia, and Manufacturing Methamphetamine. We affirm.
[¶ 2] On December 11, 2001, Bismarck police officers pulled over a vehicle and subsequently arrested its occupants for possession of drug paraphernalia. One of the occupants, who claimed to be Joshua Steen, was brought to the Bismarck Police Department for processing. While at the police department, the man continued to insist his name was Joshua Steen, despite
[¶ 3] Steen told the officer he had been at 224 Connecticut Street the night before, where he had seen approximately two grams of methamphetamine in the bathroom and an eighth of a gram of methamphetamine on the kitchen counter. Steen told the officer the residence was a trailer house belonging to his brother, Joshua Steen, but that Jonathan Holzer ("Holzer") had kicked Joshua out and was staying there with Joshua's wife, Wendy Steen. Steen also said there was a brown van belonging to Joshua Steen in front of the residence. Steen told the officer that while he was at the residence, he observed several "masonry [sic] jars" and approximately 10 bottles of ephedrine tablets, which are used in the making of methamphetamine. Finally, Steen stated a batch of methamphetamine had been "cooked" at the residence the night before and Holzer was the one who had done the "cooking." This information was presented before a magistrate in order to get a search warrant. The officer who testified at the hearing said nothing about Steen lying about his identity or the fact that Steen had offered the information in return for his release.
[¶ 4] Based on the information presented, a search warrant was issued for the residence at 224 Connecticut Street and the brown van located in the front yard. The execution of the warrant led to the arrest of Holzer on charges of drug possession and manufacturing.
[¶ 5] Holzer requested a hearing and moved to suppress the evidence obtained through the search warrant, claiming the warrant was issued in violation of his Fourth Amendment rights and his rights under Article I, Section 8 of the North Dakota Constitution. The trial court judge denied Holzer's Motion to Suppress. Thereafter, Holzer entered a conditional plea of guilty to the offenses, reserving his right to appeal the suppression issue.
[¶ 6] On appeal, Holzer argues that the evidence obtained with the search warrant should be suppressed because when applying for the warrant, the police officer failed to inform the judge that Steen, the informant, had initially lied about his identity and had provided the information in exchange for his own release. Holzer contends if this information as to Steen's credibility had been provided, probable cause to issue the warrant would not have existed and the warrant would not have been issued. We disagree.
I
[¶ 7] In Franks v. Delaware, 438 U.S. 154, 155-56, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), the United States Supreme Court discussed the standard to be applied when there are allegations of false or misleading statements having been made in the application for a search warrant:
[W]here the defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant...
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State v. Corum, 20020230.
...was lacking on the face of the affidavit. [¶ 30] The Franks standard also applies to statements that are misleading by omission. State v. Holzer, 2003 ND 19, ¶ 7, 656 N.W.2d 686; State v. Rangeloff, 1998 ND 135, ¶ 9, 580 N.W.2d 593. In order to trigger application of Franks, however, the om......
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State v. Ochoa, No. 20030132
...of specificity in describing the drug activity was taking place . . . made it more likely that the information provided was accurate." 2003 ND 19, ¶ 14, 656 N.W.2d [¶13] Additionally, Rose's reliability is further bolstered by the information Deputy Hendrickson was able to independently ver......
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State v. Chatman
...located. The informant's level of specificity made it more likely that the information was reliable and that she was credible. See State v. Holzer, 2003 ND 19, ¶ 14, 656 N.W.2d 686 (holding informant's level of specificity in describing drug activity made it more likely the information he p......
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State v. Roth, 20030102.
...methamphetamine in his home. He described Roth's method of manufacture and provided minute details of the process he observed. See State v. Holzer, 2003 ND 19, ¶ 14, 656 N.W.2d 686 (observing, "[The informant's] level of specificity in describing the drug activity that was taking place at t......