Richter v. North Dakota Department of Transportation

Summary

The North Dakota Supreme Court held that a police officer’s approach to a parked vehicle and nonverbal gesture requesting that a passenger roll down the window did not constitute a seizure under the Fourth Amendment. The court reversed the district court and remanded for reinstatement of the administrative hearing officer’s 365-day driver’s-license suspension.

Holdings

1. The officer's approach to the parked vehicle and nonverbal gesture to roll down the window did not constitute a Fourth Amendment seizure because the officer did not block the vehicle, activate flashing lights, order compliance, use threatening language or tone, display a weapon, or otherwise restrain the occupants' liberty by force or show of authority.
2. The seizure occurred only after the officer detected the odor of alcohol and observed Richter's bloodshot eyes and thick speech, at which point the officer had reasonable suspicion to believe Richter was in actual physical control of a motor vehicle while under the influence of alcohol.
3. The Court declined to address Richter's claim that the North Dakota Constitution provides greater search-and-seizure protection because he did not raise it before the hearing officer, did not specifically identify it in his administrative specifications of error, and did not adequately support it with authority on appeal.

Questions Presented

1. Whether the police officer's approach to the parked vehicle and nonverbal gesture directing the passenger to roll down the window constituted a seizure under the Fourth Amendment.
2. Whether the officer had reasonable suspicion to seize Richter after detecting alcohol and observing signs of intoxication.
3. Whether Richter preserved and adequately presented a claim that article I, section 8 of the North Dakota Constitution provides greater protection than the Fourth Amendment.

Disposition

reversed_and_remanded