State v. Konewko

VANDE WALLE, Chief Justice.

The state appealed from an order of the county court, Cass County, granting a motion to suppress evidence in support of the state’s complaints against Brian James Konewko for driving under suspension, N.D.C.C. § 39-06-42, and driving under the influence of alcohol [DUI], N.D.C.C. § 39-08-01. We hold that the judge erred in suppressing the evidence because the investigating officer had grounds for a reasonable, articulable suspicion of unlawful activity prior to any Fourth Amendment seizure. We reverse and remand for trial.

While traveling east on 13th Avenue South in…