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STATE v. FLECKENSTEIN

No. 20170276.

907 N.W.2d 365 (2018)

2018 ND 52

STATE of North Dakota, Plaintiff and Appellant v. Tyler Ross FLECKENSTEIN, Defendant and Appellee.

Supreme Court of North Dakota.

Filed February 22, 2018.

Attorney(s) appearing for the Case

Derek K. Steiner , Assistant State's Attorney, Bismarck, N.D., for plaintiff and appellant.

Robert N. Quick , Bismarck, N.D., for defendant and appellee.

[¶ 1] The State appeals from a district court order granting Tyler Fleckenstein's motion to suppress. Because the district court misapplied the law by ruling Fleckenstein's consent to a blood test was per se involuntary and thus did not consider the totality of the circumstances, we reverse the district court's order and remand...

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