State v. Schneider

CROTHERS, Justice.

[¶ 1] Robert Allen Schneider appeals the district court’s order denying Schneider’s motion to suppress evidence following a conditional guilty plea to possession of marijuana by a driver and possession of drug paraphernalia. Schneider argues the deputy’s pre-arrest conduct went beyond a welfare check and was a seizure under the Fourth Amendment, requiring a reasonable and articulable suspicion of criminal activity, which the deputy lacked. We affirm.

I

[¶ 2] On November 6, 2012, at approximately 11 p.m., Schneider was parked along a gravel road near the Double Ditch historical…