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State v. Rogahn

Supreme Court of North Dakota

May 26, 2016

State of North Dakota, Plaintiff and Appellee
v.
Rodney Michael Rogahn, Defendant and Appellant

Page 455

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

         Joshua J. Traiser, Assistant State's Attorney, Ward County State's Attorney's Office, Minot, ND, for plaintiff and appellee.

         Tyler J. Morrow, Grand Forks, ND, for defendant and appellant.

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

          OPINION

Page 456

         Gerald W. VandeWalle, Chief Justice.

          [¶1] Rodney Rogahn appealed from a criminal judgment after he conditionally pled guilty to various drug crimes, reserving

Page 457

the right to appeal an order denying his motion to suppress certain evidence and his request for a Franks hearing. We affirm.

         I

          [¶2] The following information comes from the affidavit of probable cause offered in support of a warrant to search Rogahn's residence. On October 23, 2013, a confidential informant (" CI" ) working with the Ward County Narcotics Task Force met with and purchased a substance from Trisha Engstrom. The substance was identified as likely being marijuana. Engstrom left this meeting and went to a residence identified as belonging to Rogahn, where Engstrom was seen entering the residence.

          [¶3] The CI again met with Engstrom on October 29, 2013, with the CI again purchasing what an officer identified as marijuana. During this meeting, the CI inquired about purchasing a larger quantity of marijuana. Engstrom replied she would contact her " source" for pricing information. Engstrom further stated she could arrange another meeting for this purchase during the evening of October 29, 2013. After this second meeting, Engstrom parked her vehicle in front of her residence, which was across the street from Rogahn's residence. Officers observed Engstrom immediately walk to Rogahn's residence. Within approximately five minutes of leaving the second meeting, the CI received a message from Engstrom with the requested pricing information. During the time the CI arranged a third meeting with Engstrom, the officers did not see Engstrom leave Rogahn's residence.

          [¶4] Prior to the third meeting, officers applied for a daytime search warrant for Rogahn's residence. The application included the affidavit of probable cause outlined above. After finding probable cause existed, the magistrate issued the daytime search warrant at 8:27 p.m. Officers arrested Engstrom at the third meeting, after which they executed the search warrant of Rogahn's residence at 9:54 p.m. ...


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