Legal Opinion

State v. Pogue

North Dakota Supreme Court

Decided August 25, 2015No. 20140355PublishedCited by 12 opinions

1Opinion of the Court

McEVERS, Justice.

[¶ 1] The State appeals from a district court order granting Rebekah Maxine Po-gue’s motion to suppress evidence. We affirm the district court’s order because the State did not satisfy its burden to show law enforcement’s warrantless search of Pogue’s vehicle qualified as a valid inventory search, an exception to the warrant requirement, or that the good faith exception to the exclusionary rule applies.

I

[¶ 2] Officer Andrew Langowski, a Watford City police officer, initiated a traffic stop of a vehicle for exceeding the speed limit. The driver of the vehicle could not produce…

2Cases cited32 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. South Dakota v. OppermanSupreme Court of the United States · 1976
  3. Colorado v. BertineSupreme Court of the United States · 1987
  4. Illinois v. LafayetteSupreme Court of the United States · 1983
  5. United States v. Michael Allen VaseyCourt of Appeals for the Ninth Circuit · 1987

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

3Cited by12 opinions

  1. Patten v. StateNorth Dakota Supreme Court · 2008
  2. State v. SchmidtNorth Dakota Supreme Court · 2016
  3. State v. CassonNorth Dakota Supreme Court · 2019
  4. State v. LelmNorth Dakota Supreme Court · 2021
  5. State v. GardnerNorth Dakota Supreme Court · 2019

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API