Legal Opinion
State v. Overby
North Dakota Supreme Court
Decided March 18, 1999No. 980227, 980228PublishedCited by 50 opinions
1Opinion of the Court
MARING, Justice.
[¶ 1] Dale Overby appeals the judgments of conviction entered June 23, 1998, contending the district court erred when it denied his motion to suppress evidence obtained during a search of his person following a routine traffic stop. We affirm, holding the search was reasonable under the Fourth Amendment as a search incident to arrest.
I
[¶ 2] Just after midnight on December 17, 1997, Officer Thomas Nagel of the Jamestown Police Department stopped Dale Over-by because his vehicle had a broken tail light.1 Officer Nagel testified at the suppression hearing “as soon as the vehicle…
2Cases cited19 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Carroll v. United StatesSupreme Court of the United States · 1925
- Chambers v. MaroneySupreme Court of the United States · 1970
- United States v. RobinsonSupreme Court of the United States · 1973
- Rawlings v. KentuckySupreme Court of the United States · 1980
14 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- State v. HeitzmannNorth Dakota Supreme Court · 2001
- State v. SchmalzNorth Dakota Supreme Court · 2008
- State v. SmithNorth Dakota Supreme Court · 2005
- Lamb v. CommonwealthKentucky Supreme Court · 2017
- State v. WanzekNorth Dakota Supreme Court · 1999
45 more not listed; retrieve them via the Exa API.