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STATE v. BROWN

Cr. Nos. 930185, 930186.

509 N.W.2d 69 (1993)

STATE of North Dakota, Plaintiff and Appellant, v. Roger L. BROWN, Defendant and Appellee. STATE of North Dakota, Plaintiff and Appellant, v. Chad CLOSE, Defendant and Appellee.

Supreme Court of North Dakota.

December 2, 1993.

Attorney(s) appearing for the Case

Cameron D. Sillers, State's Atty., Langdon, for plaintiff and appellant. Submitted on brief.

R. Scott Stewart (argued), Langdon, for defendants and appellees. Submitted on brief.

NEUMANN, Justice.

The State of North Dakota appealed from a county court order suppressing evidence and dismissing charges brought against Roger L. Brown for driving while under the influence of alcohol and against Chad Close for possession of alcohol by a person under 21 years of age. We hold that the arresting officer did not have a reasonable and articulable suspicion of criminal activity to justify an investigative stop of the vehicle driven by Brown, and we affirm...

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