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| State v. Doohen, No. 20060089,
SUPREME COURT OF NORTH DAKOTA, November 28, 2006, Filed
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Overview: Under Fourth Amendment and N.D. Const. art. I, § 8, based on presence of butane lighters and syringes, both known by trooper to be used for drug production and use, and defendant's statements, trooper had probable cause to search defendant's vehicle under automobile exception to warrant requirement; thus, motion to suppress was improperly granted.
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| State v. Jacob, No. 20060103,
SUPREME COURT OF NORTH DAKOTA, November 28, 2006, Filed
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Overview: In a case involving leaving the scene of an accident involving death under N.D. Cent. Code § 39-08-04, a motion for an acquittal under N.D. R. Crim. P. 29 was properly denied because an argument that defendant was not aware he had hit someone did not apply to the negligence standard under N.D. Cent. Code Ann. § 12.1-02-02.
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| State v. Johnson, No. 20060133,
SUPREME COURT OF NORTH DAKOTA, November 28, 2006, Filed
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Overview: Trial court improperly denied defendant's motion to suppress as stop of her car was unconstitutional, Fourth Amendment and N.D. Const. art. I, § 8, as officer's belief that many people violated 30-day temporary vehicle registration law was over-generalization that did not give rise to reasonable suspicion that her car was not lawfully registered.
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| State v. Myers, No. 20050368,
SUPREME COURT OF NORTH DAKOTA, November 28, 2006, Filed
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Overview: Defendant's rights under the Fifth Amendment, the Fourteenth Amendment, and N.D. Const. art. I, § 12 were not violated by a statement made by a prosecutor during closing arguments because the statement referred to defendant's failure to deny that a motel room was his when he made voluntary assertions to police prior to the reading of his rights.
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| State v. Oliver, Nos. 20060082-20060085,
SUPREME COURT OF NORTH DAKOTA, November 28, 2006, Filed
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Overview: Under Fourth Amendment and U.S. Const. art. I, § 8, trial court properly refused to suppress evidence obtained during searches of defendant and his vehicle since (1) officer personally observed a possible vehicle registration violation and (2) when he fled from officer, subsequent searches were incident to his arrest for fleeing from peace officer.
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