City of Bismarck v. Brekhus

Tufte, Justice..

[¶1] The City of Bismarck appeals from a district court order granting Deanne Brekhus's motion to suppress evidence. We conclude the police officer's warrantless limited entry into her open garage *717 while in "hot pursuit" did not violate her rights under either the Fourth Amendment or N.D. Const. art. I, § 8. We reverse and remand for further proceedings.

I

[¶2] On December 16, 2016, at about 10:10 p.m., a Bismarck police officer observed a vehicle fail to negotiate a turn and slide into a snowbank on the side of the road. The officer then observed the vehicle back out of the…