Curran v. N.D. Workforce Safety and Insurance
2010 ND 227
| N.D. | 2010Background
- On Oct. 4, 2009, Jamestown PD investigated a reported intoxicated driver near Brass Rail bar parking lot; a vehicle matched the description and license plate.
- Steffes was in the driver’s seat with dome light on, ignition in accessory, radio loud, and car not running; officer approached and tapped the window to speak.
- Steffes looked at the officer, did not respond verbally, opened the door after a second knock, and was briefly detained while officers spoke.
- Officer Meisch arrived; Steffes provided a false name (Michael Shockman) and a false birth date; he later exited the vehicle and showed off-balance behavior.
- Steffes claimed lack of driver’s license; police later charged him with giving false information to a law enforcement officer (Oct. 14, 2009).
- Steffes moved to suppress the evidence as seized without reasonable suspicion; district court denied suppression; he pled guilty with a conditional appeal on suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a Fourth Amendment seizure | Steffes argues a seizure occurred without reasonable suspicion. | Steffes contends the officer’s conduct amounted to compulsion. | No seizure; actions were not coercive under record findings. |
| Whether the officer’s approach/direct interaction amounted to an order | Seizure occurred due to command-like conduct when knocking and speaking. | Officer’s actions were mere requests, not commands. | Actions were reasonable requests, not an order. |
| Whether the anonymous tip could create reasonable suspicion | Tip could provide reasonable suspicion for a stop. | Tip alone did not justify seizure; need more under the totality. | Court does not reach due to holding no seizure. |
Key Cases Cited
- State v. Graf, 2006 ND 196 (ND 2006) (defers to district court on facts in suppression review; legal standard reviewed de novo)
- State v. Woinarowicz, 2006 ND 179 (ND 2006) (credibility and weight given to district court findings)
- Abernathey v. Dep’t of Transp., 2009 ND 122 (ND 2009) (approach to a parked vehicle and knocking does not necessarily seize)
- City of Mandan v. Gerhardt, 2010 ND 112 (ND 2010) (public encounters with officers not seizures when noncoercive)
- Langseth, 492 N.W.2d 298 (N.D. 1992) (officer’s non-coercive approach and requests; not a seizure)
- United States v. Mendenhall, 446 U.S. 544 (U.S. Supreme Court 1980) (defining seizure by coercive means; totality of circumstances)
- State v. Goebel, 2007 ND 4 (ND 2007) (legal standard for reviewing suppression rulings)