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STATE v. McLAREN

No. 20090125.

773 N.W.2d 416 (2009)

2009 ND 176

STATE of North Dakota, Plaintiff and Appellant, v. Heather Renee McLAREN, Defendant and Appellee.

Supreme Court of North Dakota.

October 13, 2009.

Attorney(s) appearing for the Case

Quinn Fylling (argued), appearing under the Rule on the Limited Practice of Law by Law Students, Kimberlee J. Hegvik (appeared), and Reid A. Brady (on brief), Assistant State's Attorneys, Fargo, ND, for plaintiff and appellant.

L. Patrick O'Day, Jr., (argued), Fargo, ND 58107-1727, for defendant and appellee.

KAPSNER, Justice.

[¶ 1] The State of North Dakota appeals from a district court order granting a motion to suppress evidence. We hold the district court incorrectly determined the stop of defendant Heather McLaren's vehicle violated her constitutional right against unreasonable seizure, reverse the district court order, and remand the case for further proceedings.

I.

[¶ 2] On October 16, 2008, a Cass County deputy sheriff stopped a vehicle...

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