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RICHTER v. NORTH DAKOTA DEPT. OF TRANSP.

No. 20100026.

786 N.W.2d 716 (2010)

2010 ND 150

Matthew John RICHTER, Petitioner and Appellee v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

August 17, 2010.

Attorney(s) appearing for the Case

Chad Rory McCabe, Bismarck, N.D., for petitioner and appellee.

Michael Trent Pitcher, Assistant Attorney General, Office of Attorney General, Bismarck, N.D., for respondent and appellant.

MARING, Justice.

[¶ 1] The North Dakota Department of Transportation ("Department") appeals from a district court judgment reversing an administrative hearing officer's decision to suspend Matthew Richter's driver's license for 365 days for being in actual physical control of a motor vehicle while under the influence of alcohol. We conclude a police officer's actions in this case did not violate the Fourth Amendment of the United States Constitution. We reverse...

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