State v. Deviley (N.D. 2011). · Go Syfert
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State v. Deviley (N.D. 2011). Book View Copy Cite
37 citation events (37 in the last 25 years) across 1 distinct court.
Strongest positive: Interest of K.V. (nd, 2021-05-06)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
cited Cited "see" Interest of K.V.
N.D. · 2021 · signal: see · confidence high
See State v. Deviley, 2011 ND 182, ¶ 11 , 803 N.W.2d 561 (stating officer’s subjective basis for an action does not vitiate probable cause).
discussed Cited "see" State v. $127,930 United States Currency (2×)
N.D. · 2017 · signal: see · confidence high
See State v. Deviley , 2011 ND 182, ¶ 13 , 803 N.W.2d 561 (officers may rely on their training and experience to draw inferences and deductions that may elude a layperson). [¶33] I am not alone expressing concern over the unwise reliance on officer “training and experience.” In Massachusetts, the Superior Court wrote: “Instead of relying solely on the facts in evidence to justify the stop, the Commonwealth seeks to use the ‘training and experience’ of the police officers, their conclusions, and their perception of Brockton as a ‘source city’ for narcotics to reinforce its concl…
discussed Cited "see" State v. Adan (2×)
N.D. · 2016 · signal: see · confidence high
See State v. Deviley, 2011 ND 182 , 803 N.W.2d 561 ; United States v. Woods, 829 F.3d 675, 680 (8th Cir.2016) (reasonable suspicion justified extending of a traffic stop for 40 minutes until arrival of drug dog); United States v. Walton, 827 F.3d 682, 689 (7th Cir.2016) (reasonable suspicion justified detaining two occupants for 22 minutes to perform a dog sniff); United States v. Davis, 620 Fed.Appx. 295, 300 (5th Cir.2015) (reasonable suspicion supported extending traffic stop for a canine unit located 30 miles away to arrive 51 minutes after the initial stop). [¶ 39] Regarding reasonable a…
discussed Cited "see" State v. Schmidt
N.D. · 2016 · signal: see · confidence high
See State v. Deviley, 2011 ND 182, ¶ 13 , 803 N.W.2d 561 (officers may rely on their training and experience to draw inferences and deductions that may elude a layperson); see also State v. Dymowski 458 N.W.2d 490, 500 (N.D.1990) (discussing factors to be considered for determining constructive possession of controlled substances, including presence or proximity to controlled substance and presence of controlled substance in the *73 person’s premises).
discussed Cited "see" State v. Schmidt
N.D. · 2016 · signal: see · confidence high
See State v. Deviley , 2011 ND 182 , ¶ 13, 803 N.W.2d 561 (officers may rely on their training and experience to draw inferences and deductions that may elude a layperson); see also State v. Dymowski , 458 N.W.2d 490, 500 (N.D. 1990) (discussing factors to be considered for determining constructive possession of controlled substances, including presence or proximity to controlled substance and presence of controlled substance in the person’s premises).
discussed Cited "see" State v. Kuruc
N.D. · 2014 · signal: see · confidence high
See State v. Deviley , 2011 ND 182, ¶ 27 , 803 N.W.2d 561 (Kapsner, J., dissenting) (“[T]he phrase ‘officer’s training and experience’ should not be used to mask what was operating in this case—the officer simply had a strong hunch that these individuals, driving a vehicle with an out-of-state license, were engaged in criminal activity.
discussed Cited "see" State v. Kuruc (2×)
N.D. · 2014 · signal: see · confidence high
See State v. Deviley , 2011 ND 182, ¶ 27 , 803 N.W.2d 561 (Kapsner, J., dissenting) (“[T]he phrase ‘officer’s training and experience’ should not be used to mask what was operating in this case—the officer simply had a strong hunch that these individuals, driving a vehicle with an out-of-state license, were engaged in criminal activity.
discussed Cited "see" State v. Kuruc
N.D. · 2014 · signal: see · confidence high
See State v. Deviley , 2011 ND 182, ¶ 27 , 803 N.W.2d 561 (Kapsner, J., dissenting) (“[T]he phrase ‘officer’s training and experience’ should not be used to mask what was operating in this case—the officer simply had a strong hunch that these individuals, driving a vehicle with an out-of-state license, were engaged in criminal activity.
Retrieving the full opinion text from the archive…
State
v.
Deviley
20100289.
North Dakota Supreme Court.
Sep 15, 2011.
Published

Filed 9/15/11 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2011 ND 179

Anthony James Moore, Petitioner and Appellant

v.

State of North Dakota, Respondent and Appellee

No. 20110052

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

AFFIRMED.

Per Curiam.

Anthony James Moore (on brief), self-represented, P.O. Box 5521, Bismarck, N.D. 58506-5521, petitioner and appellant.

Birch P. Burdick (on brief), State’s Attorney, Courthouse, P.O. Box 2806, Fargo, N.D. 58108-2806, for respondent and appellee.

Moore v. State

No. 20110052

Per Curiam.

[¶1] Anthony Moore appeals from the trial court’s order dismissing his application for post-conviction relief filed on December 30, 2010.  On appeal, Moore alleges North Dakota is in non-compliance with federal public law 109-248.  Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587 (codified at 42 U.S.C. §§ 16901-16991 (2006)).  Moore argues he is improperly categorized as a sex offender subject to a lifetime registration requirement, and he should be re-sentenced under federal public law 109-248 to a reduced registration requirement.  We affirm under N.D.R.App.P. 35.1(a)(6).

[¶2] Gerald W. VandeWalle, C.J.

Mary Muehlen Maring

Daniel J. Crothers

Dale V. Sandstrom

Carol Ronning Kapsner