North Dakota v. MarcumAnnotate this Case
Henry Marcum appealed following a bench trial found him guilty of a lesser included offense of possession of a controlled substance and possession of drug paraphernalia. On appeal, Marcum argued the district court erred when it denied his motion to suppress evidence from what he argued was an unconstitutional arrest, and the evidence was insufficient to convict him. Marcum requested that the verdict be reversed or that the North Dakota Supreme Court vacate the verdict and reverse the district court order denying his motion to suppress. The Supreme Court affirmed denial of the motion to suppress because law enforcement acted in good faith on the arrest warrant and representations about its validity. Furthermore, the Court affirmed the criminal judgment because sufficient evidence supported finding Marcum had a prior conviction for an equivalent offense, and the residue in the pipe found supported the conviction for possession of methamphetamine.