State v. Demars

Summary

The Supreme Court of North Dakota reversed a criminal judgment entered after Douglas Alexander Demars conditionally pleaded guilty to driving under the influence. The Court held that the record lacked sufficient competent evidence establishing that a West Fargo police officer initiated the traffic stop within the officer’s geographical jurisdiction or otherwise had authority to act outside it. The case was remanded to allow Demars to withdraw his conditional plea.

Holdings

1. The State failed to present sufficient competent evidence establishing that the West Fargo police officer initiated or completed the stop within the officer's one-and-one-half-mile geographical jurisdiction.
2. The district court erred in denying the suppression motion because its finding that the officer acted within his jurisdiction was not supported by sufficient competent evidence.

Questions Presented

1. Whether sufficient competent evidence established that the West Fargo police officer initiated or completed the traffic stop within his statutory geographical jurisdiction.
2. Whether the district court properly denied Demars's motion to suppress based on its calculation of the officer's jurisdictional boundary and the location of the observed traffic violation.

Disposition

reversed_and_remanded