Martinson v. N.D. Dep't of Transportation
2017 ND 264
| N.D. | 2017Background
- On May 27, 2016, police received an anonymous tip of erratic driving with a license plate; officers went to the registered owner’s residence and found Phillip Martinson exiting the vehicle in the driveway.
- Officers observed an open beer can in the vehicle, Martinson with slurred speech, poor balance, bloodshot/watery eyes, and an alcohol odor.
- Martinson performed a HGN test (6 of 6 indicators) and admitted driving within the drinking time frame; he consented to a blood draw after being read the implied-consent advisory.
- Blood test showed an alcohol concentration of at least 0.08. Martinson was arrested for actual physical control of a vehicle while under the influence.
- An administrative hearing suspended Martinson’s license for 180 days; the district court affirmed, and Martinson appealed to the North Dakota Supreme Court.
- The Supreme Court considered whether Martinson was unlawfully seized when approached in his driveway and whether a private driveway falls within N.D.C.C. § 39‑08‑01.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Martinson was seized when officers approached him in his driveway | Martinson: officers’ approach constituted a coercive seizure lacking reasonable suspicion | DOT: officers’ conduct was noncoercive; no show of authority to invoke Fourth Amendment seizure | No seizure occurred; officers’ conduct did not constitute a show of authority and Martinson voluntarily engaged with officers |
| Whether a private driveway falls within the scope of the DUI/control statute and supported probable cause to arrest | Martinson: statute does not cover private driveways, so arrest lacked legal basis | DOT: statute covers private areas to which the public has a right of vehicular access; factfinder could conclude this driveway was so used | Driveways can fall within statute; on these facts the driveway was reasonably found to be open to public vehicular access, supporting the arrest |
Key Cases Cited
- McCoy v. N.D. Dep’t of Transp., 848 N.W.2d 659 (N.D. 2014) (standard for reviewing agency findings and de novo review of constitutional claims)
- Potratz v. N.D. Dep’t of Transp., 843 N.W.2d 305 (N.D. 2014) (administrative-review framework for license suspensions)
- Richter v. N.D. Dep’t of Transp., 786 N.W.2d 716 (N.D. 2010) (factors for evaluating when police contact becomes a seizure)
- City of Grand Forks v. Reilly, 895 N.W.2d 322 (N.D. 2017) (officer running ahead of person and verbally calling did not constitute a Fourth Amendment seizure)
- United States v. Mendenhall, 446 U.S. 544 (U.S. 1980) (show-of-authority factors indicating a seizure)