Kroschel v. Levi
2015 ND 185
| N.D. | 2015Background
- Kroschel appeals a district court ruling upholding a DOT license suspension.
- Officer Haskell, a NDSU police officer, arrested Kroschel outside NDSU property.
- A Memorandum of Understanding (MOU) between NDSU, Fargo PD, and the City of Fargo claimed city-wide jurisdiction for NDSU officers.
- The hearing officer relied on 40-20-05, 15-10-17(2), the MOU, and §44-08-24 to authorize the arrest.
- The district court affirmed the hearing officer’s decision but on different legal authorities, and the Supreme Court reversed.
- The central issue is whether Haskell had lawful authority to arrest under North Dakota law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to arrest off campus | Kroschel | Department | Haskell lacked authority |
| Temporary basis under 44-08-24 | Kroschel | Department | 44-08-24 does not authorize this arrest |
| Joint powers with institutions (54-40.3) | Kroschel | Department | Not authorized for off-campus arrest |
| MOU approval sufficiency | Kroschel | Department | MOU deficient; no board/ag determination |
Key Cases Cited
- Johnson v. Dep’t of Transp., 2004 ND 148 (ND) (statutory interpretation of agency power)
- Vanlishout v. N.D. Dep’t of Transp., 2011 ND 138 (ND) (agency revocation review standards)
- State v. Graven, 530 N.W.2d 328 (ND 1995) (authority to respond to aid outside jurisdiction)
- State v. Beilke, 489 N.W.2d 589 (ND 1992) (statutory interpretation of emergency/assistance authority)
- Mead v. North Dakota Dep’t of Transp., 1998 ND App 2, 581 N.W.2d 145 (ND App) (aid/assistance outside jurisdiction under 44-08-20(3))