Legal Opinion

State v. Nelson

North Dakota Supreme Court

Decided June 25, 1992No. Cr. 910327PublishedCited by 35 opinions

1Opinion of the Court

MESCHKE, Justice.

The State appeals the dismissal of a criminal charge against Hugh Nelson for driving while under the influence of alcohol. Because the trial court mistakenly ruled that the stop was unreasonable, we reverse.

In December 1990, Nelson attended a dance at the Hall in South Heart, North Dakota. Deputy Sheriff Terry Oestreich and Detective Larry Buck were policing there that night. Buck, who knew Nelson, saw him in the Hall bar early that evening. Later, Buck said, he saw Nelson walking in the parking lot next to the Hall. The two men had no verbal exchange. Buck said that he…

2Cases cited17 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Adams v. WilliamsSupreme Court of the United States · 1972
  3. United States v. HensleySupreme Court of the United States · 1985
  4. Whiteley v. Warden, Wyoming State PenitentiarySupreme Court of the United States · 1971
  5. Gardebring v. RizzoNorth Dakota Supreme Court · 1978

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

3Cited by35 opinions

  1. City of Fairgo v. ThompsonNorth Dakota Supreme Court · 1994
  2. State v. MillerNorth Dakota Supreme Court · 1994
  3. City of Bismarck v. UhdenNorth Dakota Supreme Court · 1994
  4. State v. KennerNorth Dakota Supreme Court · 1997
  5. State v. BoydNorth Dakota Supreme Court · 2002

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

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