Volume 960 — North Western Reporter, Second Series

An order dismissing a criminal complaint, information, or indictment is the equivalent of an order quashing an information or indictment and is therefore appealable under the statute. The State may either appeal an adverse ruling on probable cause or issue a new complaint upon the offer of additional evidence or other good cause. Because a preliminary hearing is not a trial, the finding of probable cause may be based on hearsay evidence and evidence that would be inadmissible at the trial. The State is not required to prove with absolute certainty or beyond a reasonable doubt that a crime occurred, but rather need only produce sufficient evidence to satisfy the court that a crime has been committed and that the accused is probably guilty.

Under N.D.R.Civ.P. 54(b), if an action presents more than one claim for relief, or if multiple parties are involved, the district court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties' rights and liabilities. A judgment or order of eviction is not final unless all of the claims brought pursuant to N.D.C.C. ch. 47-32 are adjudicated, or the district court certifies the judgment as final under N.D.R.Civ.P. 54(b).

When reviewing a district court's finding of exigent circumstances, the findings of fact are reviewed giving due weight to the inferences drawn from those facts by judges and law enforcement. A de novo review is applied to the ultimate determination of whether the facts constitute exigent circumstances. Issues which are not raised before the district court, including constitutional issues, will not be considered for the first time on appeal. Probable cause to search exists if the facts and circumstances relied on by the magistrate would warrant a person of reasonable caution to believe the contraband or evidence sought probably will be found in the place to be searched. When a defendant alleges false or misleading statements have been made in the application for a search warrant, the issue is addressed under the standard set forth in Franks v. Delaware, 438 U.S. 154 (1978).