State v. Bartelson
North Dakota Supreme Court
1DissentMaring, Justice
[¶22] I respectfully dissent. Because I believe the second stop of Bartelson violated the Fourth Amendment, I would reverse the trial court’s denial of Bartelson’s motion to suppress.
[¶ 23] The Fourth Amendment of the United States Constitution guarantees “[t]he right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.” U.S. Const, amend. IV. The United States Supreme Court has stated:
Temporary detention of individuals during the stop of an automobile by the police, even if only for a brief period and for a limited purpose,…
2Cases cited29 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Whren v. United StatesSupreme Court of the United States · 1996
- Ornelas v. United StatesSupreme Court of the United States · 1996
- Florida v. JimenoSupreme Court of the United States · 1991
- Devenpeck v. AlfordSupreme Court of the United States · 2004
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