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State v. Apland

Supreme Court of North Dakota

February 12, 2015

State of North Dakota, Plaintiff and Appellee
v.
Jamie Albert Apland, Defendant and Appellant

Appeal from the District Court of Ward County, North Central Judicial District, the Honorable Todd L. Cresap, Judge.

Jeremy A. Ensrud, Ward County State's Attorney's Office, Minot, ND, for plaintiff and appellee.

William Kirschner, Fargo, ND, for defendant and appellant.

Gerald W. VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers. Opinion of the Court by VandeWalle, Chief Justice. Kapsner, Justice, concurring in the result.

OPINION

Page 916

VandeWalle, Chief Justice.

[¶1] Jamie Apland appealed from a criminal judgment entered upon a conditional guilty plea to possession of controlled substances and paraphernalia. We conclude the district court properly denied Apland's motion to suppress evidence and we affirm.

I

[¶2] Based on information from a confidential informant, the Ward County Narcotics Task Force (" officers" ) were investigating a suspect involved in selling and distributing methamphetamine. While accompanying the suspect during several drug transactions, the informant observed a Cadillac Escalade and a motorcycle with Colorado license plates at drug purchase and distribution locations. The officers followed the Cadillac to Apland's residence located at 1437 1st St. SE, and found the motorcycle already at tat location.

[¶3] Relying on this information, as well as having discovered narcotics, paraphernalia, and a stolen weapon during a previous search of another location, officers arranged a " trash pull" at Apland's

Page 917

residence with Minot City Sanitation. The officers had the trash under surveillance. During the trash search, officers found a white substance which tested positive for methamphetamine in the field and an electronic scale disguised as a computer mouse commonly used in the trafficking of illegal narcotics. They also found mail addressed to Jamie Apland, Charisse Heim, and Charles Rogers III. Using this information, a search warrant was requested and received for Apland's residence at 1437 1st St. SE. The affidavit in support of the search warrant did not indicate where the trash was located on the premises prior to the " trash pull." During execution of the search warrant, narcotics and related paraphernalia were found, and Apland was arrested.

[¶4] Apland moved to suppress the evidence arguing the warrant affidavit did not indicate where the trash was found on the property, and the narcotics and paraphernalia found were products of an illegal search. The district court denied Apland's motion to suppress the evidence stating, " the trash pull was arranged with the City of Minot Sanitation. If the officers themselves had gone on to Apland's property to obtain the trash, no such arrangements would need to be made." Apland entered a conditional guilty plea to the charges of possession of controlled ...


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