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STATE v. BEYER

Cr. No. 880384.

441 N.W.2d 919 (1989)

STATE of North Dakota, Plaintiff and Appellant, v. Robin S. BEYER, Defendant and Appellee.

Supreme Court of North Dakota.

June 27, 1989.

Attorney(s) appearing for the Case

Glenn Dill, III (argued), Asst. State's Atty., Kenmare, for plaintiff and appellant. Appearance by Tom Slorby, State's Atty.

Schoppert Law Firm, Minot, for defendant and appellee; argued by Thomas K. Schoppert.

LEVINE, Justice.

In this appeal from a county court order suppressing evidence, we uphold the constitutionality of Section 39-21-37, N.D.C.C.,1 and reverse the order suppressing evidence.

Ward County Deputy Sheriff, John Petersen, stopped a car driven by the defendant, Robin Beyer, in the town of Ryder during the early morning hours of November 15, 1987. Officer Petersen testified that Beyer's vehicle was "louder than most vehicles...

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