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STATE v. MILLER

Cr. No. 930206.

510 N.W.2d 638 (1994)

STATE of North Dakota, Plaintiff and Appellee, v. Rodney MILLER, Defendant and Appellant.

Supreme Court of North Dakota.

January 18, 1994.

Attorney(s) appearing for the Case

Ralph A. Vinje of Vinje Law Firm, Bismarck, for defendant and appellant.

Bruce B. Haskell, Asst. State's Atty., Bismarck, for plaintiff and appellee.

LEVINE, Justice.

Rodney Miller appeals from a judgment of conviction of driving or being in actual physical control of a motor vehicle under NDCC § 39-08-01(1)(a) and (b). Miller questions whether the investigating officer had a reasonable and articulable suspicion to stop his vehicle. We hold that the officer did not and reverse.

Shortly before midnight on June 22, 1992, the Bismarck Police Department dispatcher notified Officer James Chase that a caller...

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