State v. Bornhoeft

Summary

The Supreme Court of North Dakota affirmed the denial of Faron Bornhoeft's motion to dismiss a disorderly conduct charge entered through a conditional guilty plea. The court held that although vulgar speech directed at police may be constitutionally protected, the supporting affidavit described additional conduct— including yelling in a residential area at night and approaching and pointing at the deputy—that could support a disorderly conduct charge.

Holdings

1. A supporting affidavit filed with a criminal complaint may be read together with the complaint to determine whether the charging instrument sufficiently alleges facts constituting an offense.
2. Although a person may not be charged with disorderly conduct solely because of the content of protected speech, conduct accompanying vulgar speech may support a disorderly conduct charge when it constitutes threatening behavior, unreasonable noise, or creates a hazardous, physically offensive, or seriously alarming condition serving no legitimate purpose.

Questions Presented

1. Whether the district court erred in denying Bornhoeft's motion to dismiss the disorderly conduct charge because his vulgar language was protected speech under the First Amendment.
2. Whether a supporting affidavit filed with a criminal complaint may be considered in determining the sufficiency of the complaint on a motion to dismiss.

Disposition

affirmed