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STATE v. LEHER

No. 20020085.

653 N.W.2d 56 (2002)

2002 ND 171

STATE of North Dakota, Plaintiff and Appellant v. Raul Edward LEHER, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied December 4, 2002.

Attorney(s) appearing for the Case

Trent William Mahler, Assistant State's Attorney, Fargo, for plaintiff and appellant.

C. Charles Chinquist, Fargo, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] The State appealed from an order suppressing evidence in the prosecution of Raul E. Leher on a charge of violating N.D.C.C. § 39-08-01, for being in actual physical control of a vehicle while under the influence of intoxicating liquor. We hold that if Leher was parked on an elevated structure, within the meaning of N.D.C.C. § 39-10-49(13), then the arresting officer had reasonable and articulable suspicion of criminal...

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