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STATE v. SCHNEIDER

No. 20140153.

855 N.W.2d 399 (2014)

2014 ND 198

STATE of North Dakota, Plaintiff and Appellee v. Robert SCHNEIDER, Defendant and Appellant.

Supreme Court of North Dakota.

October 28, 2014.

Attorney(s) appearing for the Case

Alexander James Stock , Assistant State's Attorney, Courthouse, Bismarck, ND, for plaintiff and appellee.

Samuel A. Gereszek , East Grand Forks, MN, for defendant and appellant.

CROTHERS, Justice.

[¶ 1] Robert Allen Schneider appeals the district court's order denying Schneider's motion to suppress evidence following a conditional guilty plea to possession of marijuana by a driver and possession of drug paraphernalia. Schneider argues the deputy's pre-arrest conduct went beyond a welfare check and was a seizure under the Fourth Amendment, requiring a reasonable and articulable suspicion of criminal activity, which the deputy lacked....

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