Legal Opinion

City of Mandan v. Leno

North Dakota Supreme Court

Decided October 26, 2000No. 20000104PublishedCited by 8 opinions

1Opinion of the Court

VANDE WALLE, Chief Justice.

[¶ 1] The City of Mandan appealed from an order suppressing evidence in connection with a charge of driving while under the influence of intoxicating liquor. The trial court expanded the limited statutory right to a reasonable opportunity to consult with an attorney by holding the right existed prior to arrest. We reverse and hold the limited statutory right for a reasonable opportunity to consult with an attorney attaches only after arrest. We remand for a factual finding of whether or not Brian Quentin Leno invoked his right to consult with his attorney after…

2Cases cited14 opinions

  1. Berkemer v. McCartySupreme Court of the United States · 1984
  2. Pennsylvania v. BruderSupreme Court of the United States · 1988
  3. State v. VietorSupreme Court of Iowa · 1978
  4. Kuntz v. State Highway CommissionerNorth Dakota Supreme Court · 1987
  5. State v. HawleyNorth Dakota Supreme Court · 1995

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3Cited by8 opinions

  1. City of Fargo v. WonderNorth Dakota Supreme Court · 2002
  2. Koehly v. LeviNorth Dakota Supreme Court · 2016
  3. Bell v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2012
  4. City of Gwinner v. VincentNorth Dakota Supreme Court · 2017
  5. Kasowski v. Director, North Dakota Department of TransportationNorth Dakota Supreme Court · 2011

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

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