Introducing ATLASLearn more
Legal Opinion

State v. Huether

North Dakota Supreme Court

Decided March 27, 1990No. Cr. 890261PublishedCited by 23 opinions

1Opinion of the Court

LEVINE, Justice.

The State appeals from an order suppressing evidence obtained in a warrantless search of David Huether’s pickup truck. We affirm.

Rick Michels, a state highway patrol officer, stopped Huether for speeding. Mi-chels detected the odor of alcohol on Huether’s breath and asked if he had been drinking. Huether admitted to drinking and volunteered that there was an unopened six-pack of beer in his truck. Michels suspected an open container and obtained Huether’s consent to search the truck for open containers.

The officer opened the driver’s door to Huether’s truck and saw on the…

2Cases cited28 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Rakas v. IllinoisSupreme Court of the United States · 1979
  3. United States v. RossSupreme Court of the United States · 1982
  4. United States v. SalvucciSupreme Court of the United States · 1980
  5. United States v. Lynette Burnette, United States of America v. Theresa Burnette, United States of America v. Michael Curtis BurnetteCourt of Appeals for the Ninth Circuit · 1983

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

3Cited by23 opinions

  1. State v. DeCoteauNorth Dakota Supreme Court · 1999
  2. State v. SarhegyiNorth Dakota Supreme Court · 1992
  3. State v. GuscetteNorth Dakota Supreme Court · 2004
  4. State v. EvansWashington Supreme Court · 2007
  5. State v. EvansWashington Supreme Court · 2007

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

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API