City of West Fargo v. Medbery
Citations
- 959 N.W.2d 568
- 2021 ND 81
Syllabus
This Court does not weigh conflicting evidence or judge credibility of witnesses on appeal. We will affirm a district court's decision on a motion to suppress if there is competent evidence capable of supporting the court's findings, and the decision is not contrary to the manifest weight of the evidence. When a law enforcement officer approaches a parked vehicle to inquire in a conversational manner whether an occupant is okay or needs assistance, the officer is engaged in community caretaking. A community caretaking encounter can lead to a lawful seizure under the Fourth Amendment, provided the officer undertakes the caretaking encounter to aid a person in apparent need of assistance, and during the encounter the officer develops a reasonable and articulable suspicion of criminal activity.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that restitution under the MVRA extends to “the reasonably foreseeable actions of [a] defendant’s co-conspirators,” including “the common plan of the conspiracy” (internal quotation omitted)
- holding that the MVRA “does not limit restitution to losses caused by the actions of that defendant during the conspiracy, but also embraces losses flowing from the reasonably foreseeable actions of that defendant’s co-conspirators.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McEvers, Lisa K. Fair
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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