911 N.W.2d 895
N.D.2018Background
- Police stopped a red 1998 Pontiac after a license-plate check showed it was stolen; officers conducted a high-risk stop with guns drawn.
- Driver complied; passenger Jessica Broom (known from prior drug arrests) did not immediately follow commands, made furtive movements, and was removed from the car and handcuffed.
- Officer Gallagher was told Broom was known to conceal items in her orifices; during a pat-down Gallagher felt a large, soft bulge in Broom’s bra.
- Broom told officers the bulge was cash; Gallagher reached into the bra and retrieved money plus baggies, a small glass vial, and a rolled-up bill; Broom was arrested and charged with possession-related offenses.
- Broom moved to suppress the evidence as the search exceeded a lawful Terry frisk; the district court denied the motion, but the Supreme Court reviewed the denial on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the inner‑garment search exceeded a permissible Terry frisk | Search was reasonable under totality of circumstances; officer safety justified more intrusive search | Pat‑down revealed only a soft bulge not reasonably suggestive of a weapon; no articulable suspicion to search inside bra | Court held search violated Fourth Amendment and ND Const. art. I, § 8; suppression warranted |
Key Cases Cited
- State v. Heitzmann, 632 N.W.2d 1 (N.D. 2001) (explains limits of Terry frisk and when inner‑garment search may follow a pat‑down)
- State v. Tollefson, 660 N.W.2d 575 (N.D. 2003) (upholds inner‑garment search where object felt had size/density suggesting a weapon)
- State v. Kaul, 891 N.W.2d 352 (N.D. 2017) (standard of review for suppression rulings and Fourth Amendment analysis)