Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable John T. Paulson, Judge.
Frederick R. Fremgen, State's Attorney, Jamestown, N.D., for plaintiff and appellee.
John T. Goff, Fargo, N.D., for defendant and appellant.
Dale V. Sandstrom, Lisa Fair McEvers, Gerald W. VandeWalle, C.J. I concur in the result. Daniel J. Crothers, Carol Ronning Kapsner. Opinion of the Court by Sandstrom, Justice.
[¶1] Stacy Lynn Dahl appeals from a criminal judgment entered following a conditional plea of guilty for the charge of possession of a controlled substance (methamphetamine) with intent to deliver. We affirm the judgment of the district court, concluding the search warrant for Dahl's luggage was supported by probable cause.
[¶2] In November 2011, Dahl was arrested on an outstanding warrant while at the residence of her friend, Leon Skjeret. As she was being placed under arrest, Dahl asked Skjeret if she could leave numerous pieces of luggage with him while she awaited release from jail. Days later, law enforcement seized numerous pieces of Dahl's luggage that were left at Skjeret's residence and had a dog sniff the luggage. The drug dog indicated the presence of contraband in the luggage. On the basis of the dog sniff and information gained from a recorded telephone call Dahl made while incarcerated and from interviewing another friend of Dahl's who said they had recently traveled to the Minneapolis area to purchase methamphetamine, law enforcement obtained a search warrant for Dahl's luggage, conducted a search of the luggage, and located a bag containing methamphetamine.
[¶3] In May 2013, Dahl moved to suppress the evidence found in her luggage, arguing the application for the search warrant lacked probable cause and particularity. After a hearing, the district court denied the motion. Dahl then conditionally pled guilty to possession of a controlled substance with intent to distribute, reserving the right to appeal the denial of her motion to suppress the evidence found in her luggage. Prior to sentencing, Dahl moved to reopen the record from the suppression hearing to admit evidence of two specific telephone calls she made while incarcerated. In addition, Dahl moved the district court to reconsider her motion to suppress the evidence obtained during the search of her luggage. The district court granted Dahl's motion and reopened the suppression hearing record to receive the additional evidence offered by both parties. After a hearing, the district court denied Dahl's motion to reconsider, finding probable cause to support the issuance of the search warrant. After a sentencing hearing, Dahl was sentenced to two five-year concurrent sentences and five years of supervised probation for the charges of theft, a class C felony, and possession of a controlled substance with intent to deliver, a class A felony. The district court then granted Dahl's motion for stay of execution and relief pending appeal.
[¶4] The trial court had jurisdiction under N.D. Const. art. VI, § 8, and N.D.C.C. § 27-05-06. The appeal is timely under N.D.R.App.P. 4(a). This Court has jurisdiction under N.D. Const. art. VI, § ...