Legal Opinion
City of Fargo v. Sivertson
North Dakota Supreme Court
Decided November 6, 1997No. Criminal 970054PublishedCited by 45 opinions
1Opinion of the Court
MARING, Justice.
[¶ 1] The City of Fargo appeals from an order suppressing evidence in this DUI prosecution against Stanley Sivertson, because the arresting officer violated Sivertson’s Fourth Amendment rights against unreasonable search and seizure. We hold the arresting officer’s approach of Sivertson’s parked vehicle did not constitute a Fourth Amendment stop, and we reverse the order suppressing evidence and remand.
[¶2] The relevant facts are undisputed. On September 18, 1996 Police Officer Grant Benjamin was dispatched to the scene of an accident at South University Drive in Fargo to…
2Cases cited15 opinions
- Whren v. United StatesSupreme Court of the United States · 1996
- United States v. CortezSupreme Court of the United States · 1981
- State v. GlaesmanNorth Dakota Supreme Court · 1996
- State v. LangsethNorth Dakota Supreme Court · 1992
- Wibben v. North Dakota State Highway CommissionerNorth Dakota Supreme Court · 1987
10 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- People v. RobinsonNew York Court of Appeals · 2001
- State v. GreggNorth Dakota Supreme Court · 2000
- City of Jamestown v. JeromeNorth Dakota Supreme Court · 2002
- State v. OverbyNorth Dakota Supreme Court · 1999
- City of Fargo v. OvindNorth Dakota Supreme Court · 1998
40 more not listed; retrieve them via the Exa API.