City of Mandan v. Gerhardt

MARING, Justice.

[¶ 1] Scott Gerhardt appeals from the criminal judgment entered after a jury convicted him of the charge of actual physical control. Gerhardt asserts on appeal the district court erred in denying his pretrial motion to suppress because the arresting officer obtained evidence in violation of his constitutional right to be free from unreasonable searches and seizures. Because we conclude the arresting police officer’s initial approach and contact with Gerhardt was properly considered a community caretaking encounter and, based on this encounter, the officer also developed…