958 N.W.2d 467
N.D.2021Background
- Around 11:00 PM, officers observed an altercation between Casarez and a woman outside a Jamestown bar; officers smelled alcohol on Casarez and observed poor balance and bloodshot eyes.
- Casarez said he planned to post bail for the woman and was told to take a cab because he appeared intoxicated; he identified to officers that he drove a gold GMC Yukon.
- About 30–45 minutes later an officer saw a running gold GMC Yukon outside the Law Enforcement Center (LEC) and recognized Casarez inside the LEC; Casarez gave inconsistent accounts of how he arrived and had a lanyard with keys.
- Officer Renfro told Casarez he was under investigation, requested a Horizontal Gaze Nystagmus (HGN) test (6 of 6 clues observed), reviewed security footage, then arrested Casarez and requested a chemical breath test.
- Casarez refused the breath test. He was charged under the Jamestown municipal DUI-refusal ordinance, moved to suppress/dismiss, lost in district court, and entered a conditional guilty plea preserving appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the municipal DUI-refusal ordinance conflicts with amended N.D.C.C. § 39-08-01 | City: Ordinance mirrors state law; the 2019 addition (§39-08-01(f)) merely acknowledges constitutional review and does not prohibit prosecutions the ordinance allows | Casarez: Ordinance omits §39-08-01(f) so could permit prosecution without the constitutionally required advisories; therefore it conflicts with state law and is void | Ordinance does not conflict with the post-2019 statute; subdivision (f) clarifies that constitutional standards, not a statutory exclusion, govern refusals; municipal ordinance stands |
| Whether Renfro’s entry into the LEC and positioning constituted a Fourth Amendment seizure | City: Renfro’s lobby entry was investigatory and conversational; no seizure until Renfro stated Casarez was under investigation and requested the HGN | Casarez: Renfro blocked the only exit and physically prevented leaving, so Casarez was seized when Renfro entered | No seizure occurred until Renfro informed Casarez he was under investigation and requested the HGN test |
| Whether officers had reasonable and articulable suspicion to detain Casarez | City: Totality of circumstances (recent observations of intoxication, knowledge Casarez drove a gold Yukon, a running Yukon outside the LEC, evasive answers, visible keys) supported reasonable suspicion | Casarez: Analogous to Lies; officer could not reliably identify the vehicle/driver and thus lacked reasonable suspicion | Under the totality of circumstances, Renfro had reasonable suspicion and the investigative stop was justified |
Key Cases Cited
- City of Bismarck v. Fettig, 601 N.W.2d 247 (1999 ND) (municipalities possess only statutory powers)
- Birchfield v. North Dakota, 136 S. Ct. 2160 (2016) (limits on warrantless blood tests and advisories about criminal consequences)
- State v. Long, 950 N.W.2d 178 (2020 ND) (§39-08-01(f) is not ambiguous and recognizes constitutional standards govern refusal evidence)
- Lies v. North Dakota Dep’t of Transp., 924 N.W.2d 448 (2019 ND) (anonymous tip insufficient to identify vehicle; stop unjustified)