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CITY OF MANDAN v. GERHARDT

No. 20090274.

783 N.W.2d 818 (2010)

2010 ND 112

CITY OF MANDAN, Plaintiff and Appellee v. Scott A. GERHARDT, Defendant and Appellant.

Supreme Court of North Dakota.

June 15, 2010.

Attorney(s) appearing for the Case

Daniel J. Nagle, City Prosecutor, Mandan, N.D., for plaintiff and appellee.

Chad Rory McCabe (argued) and Stanley John Boehm (appeared), Bismarck, N.D., for defendant and appellant.

MARING, Justice.

[¶ 1] Scott Gerhardt appeals from the criminal judgment entered after a jury convicted him of the charge of actual physical control. Gerhardt asserts on appeal the district court erred in denying his pretrial motion to suppress because the arresting officer obtained evidence in violation of his constitutional right to be free from unreasonable searches and seizures. Because we conclude the arresting police officer's initial approach and contact...

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