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STATE v. NELSON

Cr. No. 910327.

488 N.W.2d 600 (1992)

STATE of North Dakota, Plaintiff and Appellant, v. Hugh P. NELSON, Defendant and Appellee.

Supreme Court of North Dakota.

June 25, 1992.

Attorney(s) appearing for the Case

James A. Hope (argued), Asst. States Atty., Dickinson, for plaintiff and appellant.

Freed, Dynes, Reichert, Buresh & Herauf, PC, Dickinson, for defendant and appellee; argued by Eugene F. Buresh.

MESCHKE, Justice.

The State appeals the dismissal of a criminal charge against Hugh Nelson for driving while under the influence of alcohol. Because the trial court mistakenly ruled that the stop was unreasonable, we reverse.

In December 1990, Nelson attended a dance at the Hall in South Heart, North Dakota. Deputy Sheriff Terry Oestreich and Detective Larry Buck were policing there that night. Buck, who knew Nelson, saw him in the Hall bar early that evening...

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