State v. Uran

Decision Date16 December 2008
Docket NumberNo. 20080111.,20080111.
Citation2008 ND 223,758 N.W.2d 727
PartiesSTATE of North Dakota, Plaintiff and Appellee v. Luke URAN, Defendant and Appellant.
CourtNorth Dakota Supreme Court

Jeffrey R. Ubben, Assistant State's Attorney, Bismarck, ND, for plaintiff and appellee.

Chad R. McCabe, McCabe Law Firm, Bismarck, ND, for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Luke Uran appealed from an order deferring imposition of sentence entered subsequent to his conditional guilty plea to possession of drug paraphernalia. On appeal, Uran argues the district court erred when it denied his motion to suppress evidence found during a search of his residence, contending the evidence was confiscated during an unlawful search which violated the Fourth Amendment of the United States Constitution. We affirm, holding the search was lawful as it was conducted following freely given consent, and did not exceed the scope of that consent.

I.

[¶ 2] At approximately 3:45 a.m. on April 5, 2007, Officers Andy Zachmeier and Preston McKay of the Bismarck Police Department responded to a local residence after receiving a report about a possible fight on the premises. After knocking on the front door, the officers were greeted by Rick Haugen, one of the three renters of the home, who allowed them entry into the residence. The house was a "split type of duplex" with an upstairs area and a downstairs area. The officers informed Haugen why they were there, and he granted them permission to conduct a search. While Officer McKay could not recall whether the consent was specific to any particular part of the home, Officer Zachmeier testified the consent given was "just to check the upstairs bedrooms for anybody being in them." Officer Zachmeier further stated he did not recall specifically receiving permission to search the downstairs area. However, both officers would later testify that the purpose for searching the house was to both look for potential assault suspects, and to check the welfare of any possible assault victims in the house, and Officer Zachmeier testified their investigation would not have been complete had they limited their search to the upstairs area of the residence.

[¶ 3] The officers searched the upstairs level and found two individuals sleeping who were later identified as the other two renters of the home, one of whom was Luke Uran. The officers then proceeded to the downstairs level where they found another individual sleeping. While downstairs, Officer McKay glanced into the kitchen and saw a "multicolored smoking device that had a white pen tube attached to it." He also noticed a "large dark-colored smoking device . . . and also another multicolored glass device that appeared to have some residue on it." Officer McKay testified that, from his experience as a law enforcement officer, he identified these objects as items commonly used to smoke marijuana. Shortly thereafter, Officer McKay noticed another such object through an open closet door in a nearby bedroom. The officers gathered the three renters together and asked them permission to search the house. Officer McKay testified he reminded the renters they were under no obligation to allow the search; however, all three renters — including Uran — signed written consent forms. The officers conducted another search through the residence, and while in Uran's bedroom found a "small, broken, multicolored device with black electrical tape on it . . . [with] burnt residue and also smelled strongly of marijuana."

[¶ 4] Uran was subsequently charged with Possession of Drug Paraphernalia. Before trial, Uran moved to suppress the evidence found during the officers' search, arguing the officers exceeded the consent given for the search by going to the downstairs area of the residence. The district court denied the motion, and Uran entered a conditional guilty plea to the possession charge, reserving his right to appeal the district court's denial of the suppression motion under N.D.R.Crim.P. 11(a)(2).

II.

[¶ 5] A trial court's decision on a motion to suppress will not be reversed if, after any conflicts in the testimony are viewed in favor of affirmance, there is sufficient, competent evidence fairly capable of supporting the trial court's findings, and the decision is not contrary to the manifest weight of the evidence. State v. Sabinash, 1998 ND 32, ¶ 8, 574 N.W.2d 827. This Court gives great deference to the decision of the trial court in suppression matters, as the trial court has the opportunity to observe witnesses and give weight to their credibility. State v. Brown, 509 N.W.2d 69, 71 (N.D.1993). Whether the officers' conduct violated constitutional prohibitions against unreasonable search and seizure is a question of law. State v. LaFromboise, 542 N.W.2d 110, 112 (N.D.1996).

[¶ 6] The Fourth Amendment to the United States Constitution, made applicable to the states through the Fourteenth Amendment, and Art. I, § 8, of the North Dakota Constitution protect individuals from unreasonable searches and seizures in their homes. State v. Boline, 1998 ND 67, ¶ 19, 575 N.W.2d 906. Warrantless searches and seizures inside a home are presumptively unreasonable. City of Fargo v. Lee, 1998 ND 126, ¶ 8, 580 N.W.2d 580 (citing Payton v. New York, 445 U.S. 573, 586, 100 S.Ct. 1371, 1379-80, 63 L.Ed.2d 639, 650 (1980)). However, a warrantless search of a home is not unreasonable if the search falls under an exception to the search warrant requirement. State v. Matthews, 2003 ND 108, ¶ 10, 665 N.W.2d 28. One such exception is consent to the search, given free from explicit or covert coercion....

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12 cases
  • State v. Schmidt
    • United States
    • North Dakota Supreme Court
    • 15 Septiembre 2016
    ...). Whether law enforcement violated constitutional prohibitions against unreasonable search and seizure is a question of law. State v. Uran, 2008 ND 223, ¶ 5, 758 N.W.2d 727. A [¶ 9] On appeal, Schmidt argues his constitutional right against unreasonable searches and seizures was violated; ......
  • State v. Daniels
    • United States
    • North Dakota Supreme Court
    • 24 Junio 2014
    ...requirement applies. State v. Mitzel, 2004 ND 157, ¶ 12, 685 N.W.2d 120. [¶ 7] One exception to the warrant requirement is consent. State v. Uran, 2008 ND 223, ¶ 6, 758 N.W.2d 727 (citation omitted). The same standard is used to analyze cases under the consent exception, regardless of wheth......
  • State v. Casatelli
    • United States
    • North Dakota Supreme Court
    • 12 Enero 2021
    ...ND 238, ¶ 10, 840 N.W.2d 625 (citing Payton v. New York , 445 U.S. 573, 586, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980) ); see also State v. Uran , 2008 ND 223, ¶ 6, 758 N.W.2d 727 ; State v. Graf , 2006 ND 196, ¶ 9, 721 N.W.2d 381. Notwithstanding this presumption, however, consent is "one of t......
  • State v. Pogue
    • United States
    • North Dakota Supreme Court
    • 25 Agosto 2015
    ... ... 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. State v. Uran, 2008 ND 223, 5, 758 N.W.2d 727. [ 9] The Fourth Amendment of the United States Constitution protects against unreasonable searches and seizures. State v. Holly, 2013 ND 94, 12, 833 N.W.2d 15. A search, within the meaning of the Fourth Amendment, is an intrusion into a person's reasonable ... ...
  • Request a trial to view additional results

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