State v. Reis, Nos. 20130192
| Court | United States State Supreme Court of North Dakota |
| Writing for the Court | CROTHERS |
| Citation | 2014 ND 30,842 N.W.2d 845 |
| Parties | STATE of North Dakota, Plaintiff and Appellee v. Cory James REIS, Defendant and Appellant. State of North Dakota, Plaintiff and Appellee v. Cory James Reis, Defendant and Appellant State of North Dakota, Plaintiff and Appellee v. Cory James Reis, Defendant and Appellant. |
| Decision Date | 13 February 2014 |
| Docket Number | 20130194.,20130193,Nos. 20130192 |
842 N.W.2d 845
2014 ND 30
STATE of North Dakota, Plaintiff and Appellee
v.
Cory James REIS, Defendant and Appellant.
State of North Dakota, Plaintiff and Appellee
v.
Cory James Reis, Defendant and Appellant
State of North Dakota, Plaintiff and Appellee
v.
Cory James Reis, Defendant and Appellant.
Nos. 20130192, 20130193, 20130194.
Supreme Court of North Dakota.
Feb. 13, 2014.
[842 N.W.2d 847]
Gabrielle J. Goter, State's Attorney, Mandan, N.D., Justin J. Schwarz, Assistant State's Attorney, Bismarck, N.D., for plaintiff and appellee.
Steven Balaban, Bismarck, N.D., for defendant and appellant; submitted on brief.
[842 N.W.2d 848]
CROTHERS, Justice.
[¶ 1] Cory Reis appeals from criminal judgments entered after he conditionally pled guilty to controlled substance, burglary and theft of property charges. We affirm, concluding the district court did not err in denying Reis' motion to suppress because the police officers had probable cause to believe the vehicle contained contraband justifying a warrantless search of the vehicle.
[¶ 2] On September 29, 2012, Bismarck Police Officer Kendall Vetter received a report of a possible drunk driver in the area of Ash Coulee and North Washington. Vetter received a report of a pickup truck swerving all over the road and going into the ditch. Dispatch gave Vetter the vehicle's license plate number. Vetter located a vehicle matching the truck's description and license number parked at a grass recycling site in the area of Ash Coulee and North Washington. Vetter parked his patrol car approximately two car lengths behind the truck. Vetter did not turn on his emergency lights, but he left on his vehicle's headlights and shined a spotlight on the truck. Vetter noted the truck was running and the only occupant was seated in the passenger seat. The occupant later was identified as Reis. Reis exited the truck as Vetter approached, indicating he was throwing away trash. Vetter testified he believed Reis was possibly under the influence of a depressant because Reis was mumbling, his speech was slurred, his eyes were glossy and his mannerisms were slow. Reis left the passenger door of the vehicle open. Vetter approached the vehicle and saw a handgun with a magazine in it and several loose pills on the floorboards.
[¶ 3] Vetter testified he handcuffed Reis for safety reasons because of the handgun. As Vetter detained Reis, Reis loudly yelled a profanity at “Jen.” Vetter testified he believed a female named Jen was associated with the vehicle and was nearby, and he relayed this information over the radio. Officer David Johnson was en route to assist Vetter when he heard the information about the female. When Johnson neared the recycling site, he saw a female seated on the walking path with her back to the road. Johnson approached and noticed the female was crying. The female later was identified as Jennifer Francisco. Francisco told Johnson that her boyfriend had fallen asleep while driving and the vehicle went in the ditch, that they got the vehicle back on the roadway but that they stopped the vehicle after they got into an argument. Johnson testified he believed Francisco was under the influence of something because of her physical mannerisms and her answers to his questions.
[¶ 4] Johnson informed Vetter that he found the female, and Vetter requested Johnson bring her to the recycling site because they needed to take care of some items found in the vehicle. When Johnson arrived at the recycling site, Vetter told him he found a loaded handgun in the vehicle in plain view. Vetter also spoke with Francisco and noted she was in the same condition as Reis, with slurred speech, glossy eyes and slow mannerisms. Johnson noticed the loose pills on the floor of the vehicle, called the commander's desk to get information about one of the pills and determined the pill was a controlled substance based on the description of the pill.
[¶ 5] Vetter searched the vehicle and found a loaded handgun, a large amount of pills, marijuana paraphernalia, a digital scale with residue, syringes, a lighter, razor blades and pill containers. The items were located in containers and bags
[842 N.W.2d 849]
throughout the vehicle's passenger compartment. Vetter located a locked box on the vehicle's backseat. Vetter testified he pried the locked box open without difficulty and without damaging the box and found a large amount of pills.
[¶ 6] Reis was charged with four counts of possession of a controlled substance with intent to deliver and two counts of possession of drug paraphernalia in Burleigh County case number 08–2012–CR–02377 and one count of possession of a controlled substance with intent to deliver in Burleigh County case number 08–2012–CR–02899. Reis was charged with burglary and theft of property in Morton County case number 30–2013–CR–00002 after law enforcement connected the pills in his possession to theft from a pharmacy there. The charges in all three cases resulted from evidence found during the search of the car.
[¶ 7] Reis moved to suppress evidence in all three cases, arguing an illegal search of the vehicle occurred and any evidence obtained as a result of that search must be suppressed. In Burleigh County case number 08–2012–CR–02377, the district court denied Reis' motion to suppress. The court found Vetter's initial encounter with Reis was a consensual encounter and Reis was not seized until handcuffed and placed in the back of Vetter's patrol car. The court also found the loose pills on the floor of the vehicle combined with Reis' behavior provided Vetter with probable cause to believe the vehicle contained controlled substances or other contraband, justifying a warrantless search of the vehicle. This decision was adopted in the other two cases and Reis' motions to suppress in those cases also were denied. Reis conditionally pled guilty to the charges in all three cases and criminal judgments were subsequently entered. Reis appealed all three cases. We consolidated the cases.
[¶ 8] In reviewing a district court decision on a motion to suppress, we give deference to the district court's findings of fact and we resolve conflicts in testimony in favor of affirmance. State v. Tognotti, 2003 ND 99, ¶ 5, 663 N.W.2d 642. We “will not reverse a district court decision on a motion to suppress ... if there is sufficient competent evidence capable of supporting the court's findings, and if the decision is not contrary to the manifest weight of the evidence.” State v. Gefroh, 2011 ND 153, ¶ 7, 801 N.W.2d 429. Questions...
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State v. Hyde, No. 20160437
...of law are fully reviewable on appeal, and whether a finding of fact meets a legal standard is a question of law. Id. State v. Reis , 2014 ND 30, ¶ 8, 842 N.W.2d 845. [¶7] The Fourth Amendment to the United States Constitution and Art. I, § 8, of the North Dakota Constitution protect indivi......
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State v. Komrosky, No. 20190065
...a finding of fact meets a legal standard is a question of law. Id. State v. Hyde , 2017 ND 186, ¶ 6, 899 N.W.2d 671 (citing State v. Reis , 2014 ND 30, ¶ 8, 842 N.W.2d 845 ).III [¶11] Under the Fourth Amendment of the United States Constitution and Art. I, § 8, of the North Dakota Constitut......
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State v. Pogue, No. 20140355.
...of law are fully reviewable on appeal, and whether a finding of fact meets a legal standard is a question of law. Id. State v. Reis, 2014 ND 30, ¶ 8, 842 N.W.2d 845. Whether law enforcement violated constitutional prohibitions against unreasonable search and seizure is a question of law. St......
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State v. Ostby, No. 20130411.
...of law are fully reviewable on appeal, and whether a finding of fact meets a legal standard is a question of law. Id.State v. Reis, 2014 ND 30, ¶ 8, 842 N.W.2d 845. Whether facts support a reasonable and articulable suspicion is a question of law fully reviewable on appeal. See, e.g., State......
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State v. Hyde, No. 20160437
...of law are fully reviewable on appeal, and whether a finding of fact meets a legal standard is a question of law. Id. State v. Reis , 2014 ND 30, ¶ 8, 842 N.W.2d 845. [¶7] The Fourth Amendment to the United States Constitution and Art. I, § 8, of the North Dakota Constitution protect indivi......
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State v. Komrosky, No. 20190065
...a finding of fact meets a legal standard is a question of law. Id. State v. Hyde , 2017 ND 186, ¶ 6, 899 N.W.2d 671 (citing State v. Reis , 2014 ND 30, ¶ 8, 842 N.W.2d 845 ).III [¶11] Under the Fourth Amendment of the United States Constitution and Art. I, § 8, of the North Dakota Constitut......
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State v. Pogue, No. 20140355.
...of law are fully reviewable on appeal, and whether a finding of fact meets a legal standard is a question of law. Id. State v. Reis, 2014 ND 30, ¶ 8, 842 N.W.2d 845. Whether law enforcement violated constitutional prohibitions against unreasonable search and seizure is a question of law. St......
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State v. Ostby, No. 20130411.
...of law are fully reviewable on appeal, and whether a finding of fact meets a legal standard is a question of law. Id.State v. Reis, 2014 ND 30, ¶ 8, 842 N.W.2d 845. Whether facts support a reasonable and articulable suspicion is a question of law fully reviewable on appeal. See, e.g., State......