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STATE v. KONEWKO

Cr. Nos. 940280, 940281.

529 N.W.2d 861 (1995)

STATE of North Dakota, Plaintiff and Appellant, v. Brian James KONEWKO, Defendant and Appellee.

Supreme Court of North Dakota.

March 16, 1995.

Attorney(s) appearing for the Case

Mark R. Boening, Asst. State's Atty., Courthouse, Fargo, for plaintiff and appellant.

Steven D. Mottinger, Fargo, for defendant and appellee.

VANDE WALLE, Chief Justice.

The state appealed from an order of the county court, Cass County, granting a motion to suppress evidence in support of the state's complaints against Brian James Konewko for driving under suspension, N.D.C.C. § 39-06-42, and driving under the influence of alcohol [DUI], N.D.C.C. § 39-08-01. We hold that the judge erred in suppressing the evidence because the investigating officer had grounds for a reasonable, articulable suspicion...

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