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CITY OF FARGO v. SIVERTSON

Criminal No. 970054.

571 N.W.2d 137 (1997)

1997 ND 204

CITY OF FARGO, Plaintiff and Appellant, v. Stanley Owen SIVERTSON, Defendant and Appellee.

Supreme Court of North Dakota.

Modified and Rehearing Denied December 3, 1997.

Attorney(s) appearing for the Case

Thomas J. Gaughan (argued), City Prosecutor, Fargo, for plaintiff and appellant.

Richard Edward Edinger (argued), Moorhead, and Richard David Varriano, Moorhead, for defendant and appellee.

MARING, Justice.

[¶ 1] The City of Fargo appeals from an order suppressing evidence in this DUI prosecution against Stanley Sivertson, because the arresting officer violated Sivertson's Fourth Amendment rights against unreasonable search and seizure. We hold the arresting officer's approach of Sivertson's parked vehicle did not constitute a Fourth Amendment stop, and we reverse the order suppressing evidence and remand.

[¶ 2] The relevant facts are...

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