North Dakota v. Houkom
Annotate this CaseAllison Houkom appealed after she was found guilty of giving false information to a law enforcement officer. In 2019, Officer Matt Oldham of the West Fargo Police Department attempted to serve a warrant on a male at a residence in West Fargo. Houkom was in the driveway of the residence smoking a cigarette. Oldham approached Houkom and asked if the male he was looking for was inside the residence. She stated she did not know. Oldham then asked Houkom if she lived at the residence. She responded that she did not. Oldham then proceeded to ask Houkom for her name. She responded with “Kaylinn Marie Schmainda.” When Oldham asked for her date of birth, Houkom responded that he did not need it. Oldham then contacted dispatch to check the name. Approximately a minute later, Houkom informed Oldham that she had given him a false name because she had an outstanding warrant. Houkom then provided her correct name, and Oldham determined the warrant was from Minnesota and was non-extraditable. Houkom was arrested and charged with giving false information. On appeal, Houkom argued: (1) the district court erroneously denied her pre-trial motion to dismiss; (2) the district court misinterpreted N.D.C.C. 12.1-11-03(1); and (3) the evidence presented at trial was insufficient to sustain a guilty verdict because the State failed to prove beyond a reasonable doubt that she interfered with an investigation or materially misled an officer by giving a false name. The North Dakota Supreme Court reversed, concluding that under a correct application of the statute there was insufficient evidence to sustain a guilty verdict.
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