Background

• Rodney Hewson called 911 after midnight to report his wife Lola Hewson had left home intoxicated and nearly struck him with her car.
• Dispatched officer learned Lola was in a red Oldsmobile, intoxicated, driving northbound from the Hewson address, and Rodney was belligerent.
• Officer observed a red Oldsmobile on route, read the plate, and learned the vehicle was registered to Lola at the same address as Rodney.
• Officer stopped Lola’s vehicle based on information relayed from dispatch, following corroboration of the tipped description.
• Lola Hewson was arrested for driving under the influence; she moved to suppress the stop as unconstitutional before trial.
• District court granted suppression, ruling the stop was not justified; the City appealed.

Issues

Key Cases Cited

• State v. Zink, 791 N.W.2d 161 (2010 ND 230) (defers to district findings and reviews legal standard for suspicion)
• State v. Wolfer, 780 N.W.2d 650 (2010 ND 63) (totality of circumstances in reasonable suspicion analysis)
• Gabel v. North Dakota Dep’t of Transp., 720 N.W.2d 433 (2006 ND 178) (requirement of reasonable and articulable suspicion for stop)
• City of Fargo v. Ovind, 575 N.W.2d 901 (1998 ND 69) (framework for reasonable suspicion; objective standard)
• Anderson v. Director, North Dakota Dep’t of Transp., 696 N.W.2d 918 (2005 ND 97) (reliability of informants and tip quality vs. quantity)
• In re T.J.K., 598 N.W.2d 781 (1999 ND 152) (informant-based stops and corroboration)
• State v. Miller, 510 N.W.2d 638 (N.D. 1994) (probabilities, not certainties, standard for suspicion)
• Alabama v. White, 496 U.S. 325 (1990) (informant reliability and totality of circumstances)
• Geiger v. Backes, 444 N.W.2d 692 (N.D. 1989) (totality-of-circumstances framework)
• State v. Decoteau, 681 N.W.2d 803 (2004 ND 139) (probability-based assessment for suspicion)
• Mandan v. Gerhardt, 783 N.W.2d 818 (2010 ND 112) (stop based on officer’s reasonable suspicion)