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CITY OF DEVILS LAKE v. GROVE

No. 20070292.

755 N.W.2d 485 (2008)

2008 ND 155

CITY OF DEVILS LAKE, Plaintiff and Appellant v. David GROVE, Defendant and Appellee.

Supreme Court of North Dakota.

August 28, 2008.

Attorney(s) appearing for the Case

Daniel M. Traynor (appeared) and Michael P. Hurly (argued), Devils Lake, N.D., for plaintiff and appellant.

Jay D. Knudson (argued), Reichert Armstrong Law Office, Grand Forks, N.D., for defendant and appellee.

MARING, Justice.

[¶ 1] The City of Devils Lake appeals a district court order granting David Grove's motion to suppress evidence. Grove moved to suppress the results of sobriety tests conducted after law enforcement officers transported him from the scene of a traffic stop to the Lake Region Law Enforcement Center. We hold that, under the totality of the circumstances, the officer's transport of Grove away from the scene of the traffic stop constituted a de facto...

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