State v. Vincent

State v. Vincent, 1999 ND 22, 592 N.W.2d 923

[Go to Documents]Filed Feb. 23, 1999[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA1999 ND 22

State of North Dakota, Plaintiff and Appellee
v.
Jeffrey Clark Vincent, Defendant and Appellant

No. 980185

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Norman J. Backes, Judge.
AFFIRMED.
Per Curiam.
Gordon A. Dexheimer, P.O. Box 342, Fargo, N.D. 58107, for defendant and appellant; submitted on brief.
Jonathan R. Byers, Assistant Attorney General, P.O. Box 1054, Bismarck, N.D. 58502-1054, for plaintiff and appellee.

State v. Vincent
No. 980185

Per Curiam.

[¶1] Jeffrey Vincent appeals from an order revoking his probation and the criminal judgment which remanded him to the Department of Corrections and Rehabilitations for nine years. On appeal, Vincent argues the warrantless search conducted under N.D.C.C. § 12.1-32-07(n) lacked "reasonable grounds" and violated his Fourth Amendment rights.

[¶2] We affirm under N.D.R.App.P. 35.1(a)(7). See State v. Smith, 1999 ND 9, ¶ 9 (holding "search did not violate the Fourth Amendment because 'reasonable suspicion' is not required for a probationary search as long as the search is reasonable"); United States v. Vincent, No. 98-2402, 1999 WL 42249, at *2 (8th Cir. Feb. 1, 1999) (concluding the warrantless probation search of Vincent's home was "reasonable and appropriate under the circumstances").

[¶3] Gerald W. VandeWalle, C.J.
William A. Neumann
Dale V. Sandstrom
Carol Ronning Kapsner
Mary Muehlen Maring