State v. Beyer

LEVINE, Justice.

In this appeal from a county court order suppressing evidence, we uphold the constitutionality of Section 39-21-37, N.D.C.C., 1 and reverse the order suppressing evidence.

Ward County Deputy Sheriff, John Petersen, stopped a car driven by the defendant, Robin Beyer, in the town of Ryder during the early morning hours of November 15, 1987. Officer Petersen testified that Beyer’s vehicle was “louder than most vehicles driving around” and was “backfiring quite loud.” Petersen stopped Beyer for a possible violation of Section 39-21-37, N.D.C.C., which requires every motor vehicle…