Legal Opinion
State v. Boehm
North Dakota Supreme Court
Decided July 17, 2014No. 20140045PublishedCited by 25 opinions
1Opinion of the Court
McEVERS, Justice.
[¶ 1] The State appeals from the district court’s order granting Kyle Boehm’s motion to suppress blood test results. We reverse and remand for further proceedings.
I
[¶ 2] On September 1, 2013, at approximately 12:39 a.m., -a Morton county deputy was traveling east when he observed a vehicle traveling west on the same road accelerate past him at a high rate of speed. The deputy’s radar detected the vehicle was traveling at 44 m.p.h. in a 25 m.p.h. zone. The deputy initiated a traffic stop. The deputy observed the driver, identified as Boehm, had red, bloodshot, watery eyes. The…
2Cases cited17 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Missouri v. McNeelySupreme Court of the United States · 2013
- State v. DeCoteauNorth Dakota Supreme Court · 1999
- State v. GrafNorth Dakota Supreme Court · 2006
- State v. MitzelNorth Dakota Supreme Court · 2004
12 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- People v. HarrisCalifornia Court of Appeal · 2015
- State v. BirchfieldNorth Dakota Supreme Court · 2015
- State v. O'ConnorNorth Dakota Supreme Court · 2016
- State v. KnoxNorth Dakota Supreme Court · 2016
- State v. HawkinsNorth Dakota Supreme Court · 2017
20 more not listed; retrieve them via the Exa API.