State v. Bornsen

Summary

The North Dakota Supreme Court affirmed the judgment entered after Nathan Bornsen conditionally pleaded guilty to driving under the influence, second offense. The court held that the deputy had reasonable and articulable suspicion to stop Bornsen based on his extended stop at an intersection and wide turn, and therefore the district court properly denied the motion to suppress.

Holdings

1. An officer's observation of Bornsen remaining stopped at an intersection for approximately fifteen seconds, under the circumstances presented, objectively supported a reasonable and articulable suspicion of a violation of N.D.C.C. § 39-10-49 and therefore justified the investigatory traffic stop.

Questions Presented

1. Whether the deputy had a reasonable and articulable suspicion that Bornsen had violated the law sufficient to justify the investigatory traffic stop.
2. Whether the district court erred in denying Bornsen's motion to suppress evidence obtained following the stop.

Disposition

affirmed