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State v. Cook

Supreme Court of North Dakota

June 27, 2014

State of North Dakota, Plaintiff and Appellee
v.
Joshua Troy Cook, Defendant and Appellant

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable John Charles Irby, Judge.

DISMISSED.

Kara Schmitz Olson, Assistant State's Attorney, Fargo, ND, for plaintiff and appellee.

Jesse D. Matson, Fargo, ND, for defendant and appellant.

Daniel J. Crothers, Carol Ronning Kapsner, Benny A. Graff, S.J., Gerald W. Vande Walle, C.J. The Honorable Benny A. Graff, S.J., sitting in place of McEvers, J., disqualified.

OPINION

Crothers, Justice.

[¶1] Joshua Troy Cook appeals from a conviction entered upon a conditional guilty plea to six counts of possession of drugs and one count of possession of drug paraphernalia after the district court denied his motion to suppress evidence obtained during his arrest. We dismiss Cook's appeal because he failed to comply with the North Dakota Rules of Appellate Procedure.

I

[¶2] A warrant for arrest for failure to make a court appearance was issued for Cook, who was on the run for over three months. On June 28, 2013, law enforcement received confirmation that Cook was at a motel in Fargo. Law enforcement obtained the master key and entered Cook's room without knocking and announcing their presence. Cook was arrested. Law enforcement saw drugs and paraphernalia in plain view while in the

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room. Cook was charged with possession of methamphetamine, possession of clonazepam, possession of alprazolam, possession of oxycodone, possession of hydrocodone combination product, possession of drug paraphernalia and possession of marijuana.

[¶3] After a hearing, the district court denied Cook's motion to suppress. The district court concluded law enforcement's decision not to knock and announce was reasonable because Cook had several outstanding felony arrest warrants, Cook had been on the run for over three months and law enforcement knew Cook previously attempted to drive over a police officer while trying to escape. Cook conditionally pled guilty to all counts, reserving the right to appeal the district court order denying his motion to suppress. Cook appealed.

II

[¶4] Cook argues the evidence obtained during his arrest should be suppressed because law enforcement did not knock and announce their presence before entering the motel room to execute the arrest warrant. The State argues Cook's appeal should be dismissed because ...


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