Legal Opinion · Dissent

State v. $127,930 United States Currency

North Dakota Supreme Court

Decided December 7, 2017No. 20170154Published

1DissentCrothers, Justice

[¶ 26] I respectfully dissent.

[¶ 27] This is another in a growing line of traffic stops that were prolonged based on claims of officer “training and experience” being argued to justify further detention and investigation. See, e.g., State v. Walker, 2015 ND 281, ¶ 10, 871 N.W.2d 451; State v. Deviley, 2011 ND 182, ¶ 9, 803 N.W.2d 561; State v. Asbach, 2015 ND 280, ¶ 12, 871 N.W.2d 820; State v. Zacher, 2015 ND 208, ¶ 2, 868 N.W.2d 847; and State v. Adan, 2016 ND 215, ¶¶ 21-23, 886 N.W.2d 841.

[¶ 28] In 2011 Justice Kapsner warned:

“[T]he phrase ‘officer’s training and experience’ should not be…

2Cases cited11 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Commonwealth v. AlvaradoMassachusetts Supreme Judicial Court · 1995
  3. State v. MooreSupreme Court of Kansas · 2007
  4. State v. FieldsNorth Dakota Supreme Court · 2003
  5. State v. DevileyNorth Dakota Supreme Court · 2011

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