City of Dickinson v. Schank

Kapsner, Justice.

[¶ 1] Russell Schank appeals from a criminal judgment entered after entry of a conditional guilty plea to a charge of actual physical control of a'motor vehicle in violation of N.D.C.C. § 39-08-01 after the district court’s denial of his motion to suppress evidence. We affirm the criminal judgment, concluding the district court did not err by denying Schank’s motion to suppress evidence.

I

[¶ 2] Schank was arrested for being in actual physical control of a motor vehicle in violation of N.D.C.C. § 39-08-01 on February 20, 2016. On the night of Schank’s arrest, a Dickinson police…