State v. West

Summary

The North Dakota Supreme Court affirmed Frank West’s criminal judgment after concluding that officers conducted a valid probationary search of a residence based on reasonable suspicion. The court also held that West forfeited his ability to seek suppression of evidence found in a common area because he did not object to the search or claim ownership of the suitcase containing the evidence.

Holdings

1. A probationer remains subject to valid probation conditions, including a warrantless-search condition, while in custody unless probation has been terminated or revoked. Because the probationer remained subject to the search condition and officers had reasonable suspicion that the residence contained firearms constituting a probation violation, officers were authorized to enter and search the residence.
2. A person sharing a residence with a probationer forfeits the ability to seek suppression of evidence obtained during a reasonable warrantless probationary search of common areas when the person does not object to the search and does not assert ownership or a contrary interest in the searched property.

Questions Presented

1. Whether the warrantless search of the probationer’s residence was constitutionally valid when the probationer was in custody but his probation had not been revoked.
2. Whether West, a guest who did not object to the search and did not claim ownership of the searched suitcase, could seek suppression of evidence found in a common area during the probationary search.

Disposition

affirmed