State v. Herren

MEIERHENRY, Justice.

[¶ 1.] A Brookings County Deputy Sheriff stopped Annette Herren’s vehicle primarily because of his observation that it hesitated too long (about 40 seconds) at a stop sign at a rural intersection. The stop resulted in Herren’s arrest for driving while under the influence of alcohol. Her-rén challenges the constitutionality of the investigatory stop, claiming that the arresting officer did not have reasonable suspicion to stop her. The trial court determined that the officer had reasonable suspicion based on her delay at the stop sign. Herren appeals the trial court’s…