Legal Opinion

State v. Asbach

North Dakota Supreme Court

Decided December 1, 2015No. 20140471PublishedCited by 16 opinions

1Opinion of the Court

SANDSTROM, Justice.

[¶ 1] Tyler Asbach appeals from a judgment entered after he conditionally pled guilty to a drug-related offense, reserving the right to challenge the denial of his motion to suppress evidence. We conclude: (1) Asbach was not illegally seized while the police officer was conducting duties related to the traffic stop; (2) the district court failed to make specific findings of fact as to whether the police officer acted in bad faith as required under the first part of the inevitable discovery test when searching beyond the scope of the consent to search; and (3) there was…

2Cases cited13 opinions

  1. Nix v. WilliamsSupreme Court of the United States · 1984
  2. Illinois v. CaballesSupreme Court of the United States · 2005
  3. Rodriguez v. United StatesSupreme Court of the United States · 2015
  4. City of Fairgo v. ThompsonNorth Dakota Supreme Court · 1994
  5. United States v. PeralezCourt of Appeals for the Eighth Circuit · 2008

8 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. FrieszNorth Dakota Supreme Court · 2017
  2. State v. VetterNorth Dakota Supreme Court · 2019
  3. State v. LelmNorth Dakota Supreme Court · 2021
  4. State v. WillsNorth Dakota Supreme Court · 2019
  5. State v. PhelpsNorth Dakota Supreme Court · 2017

11 more not listed; retrieve them via the Exa API.

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