from the District Court of Ward County, North Central
Judicial District, the Honorable Todd L. Cresap, Judge.
J. Traiser, Assistant State's Attorney, Ward County
State's Attorney's Office, Minot, ND, for plaintiff
J. Morrow, Grand Forks, ND, for defendant and appellant.
W. VandeWalle, C.J., Carol Ronning Kapsner, Lisa Fair
McEvers, Daniel J. Crothers, Dale V. Sandstrom. Opinion of
the Court by VandeWalle, Chief Justice.
W. VandeWalle, Chief Justice.
[¶1] Rodney Rogahn appealed from a criminal
judgment after he conditionally pled guilty to various drug
the right to appeal an order denying his motion to suppress
certain evidence and his request for a Franks hearing. We
[¶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. ...