STATE v. ALBAUGH

Criminal Nos. 970074, 970075.

571 N.W.2d 345 (1997)

1997 ND 229

STATE of North Dakota, Plaintiff and Appellant, v. Harold ALBAUGH, Defendant and Appellee.

Supreme Court of North Dakota.

December 2, 1997.


Attorney(s) appearing for the Case

Larry W. Quast (argued), State's Attorney, Stanton, for plaintiff and appellant.

Loren C. McCray (argued), Beulah, for defendant and appellee.


MESCHKE, Justice.

[¶ 1] The State appeals from an order suppressing evidence discovered after Harold Albaugh's van was stopped at a checkpoint for the North Dakota Game and Fish Department. We conclude that the checkpoint was constitutional, and that the game warden had authority, after seeing open beer cans in Albaugh's van, to briefly detain him until a nearby police officer could investigate. Accordingly, we reverse the suppression order and remand for trial...

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