932 N.W.2d 380
N.D.2019Background
- Casson pleaded guilty conditionally to possession charges to preserve appeal of a denied motion to suppress.
- Off-duty narcotics officer observed Casson travel to a park known for drug activity; cameras and prior reports linked Casson to drug activity there.
- Two deputies approached Casson while his truck was parked; they told him they were checking because of increased drug activity and asked for ID.
- Officers requested consent to search Casson’s vehicle; he refused. They then said a K-9 unit would be called to perform a sniff.
- After the K-9 comment, Casson immediately said a dog would not be "necessary." District court denied suppression; case appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Casson was "seized" under the Fourth Amendment | Casson: Deputies’ statement that a K-9 would be called, combined with investigative contact, made a reasonable person feel not free to leave | State: Contact was a consensual encounter, not a seizure | Court: Casson was seized (reasonable person would not feel free to leave) |
| If seized, whether officers had reasonable suspicion to detain Casson | Casson: Officers lacked sufficient objective facts to justify detention | State: Officer observations, prior reports, and camera evidence provided reasonable and articulable suspicion | Court: Sufficient reasonable suspicion existed to justify the seizure under Terry |
| Whether suppression was required (scope and legality of intrusion) | Casson: Seizure and subsequent actions violated Fourth Amendment | State: Intrusion was limited and reasonably related to investigation | Court: Denial of motion to suppress affirmed; intrusion justified and appropriately scoped |
Key Cases Cited
- State v. Fields, 2003 ND 81 (N.D. 2003) (holding a driver detained while awaiting a drug dog was seized under the Fourth Amendment)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishes reasonable, articulable suspicion standard for investigatory stops)
- State v. Mercier, 2016 ND 160 (N.D. 2016) (applying Terry test and scope analysis for stops)
- State v. Bornsen, 2018 ND 256 (N.D. 2018) (standard of review for reasonable-suspicion determinations)
- State v. Gagnon, 2012 ND 198 (N.D. 2012) (Fourth Amendment and state constitutional protections against unreasonable searches and seizures)
Concurrence note: Justice Crothers agreed the judgment should be affirmed but disagreed that the encounter constituted a seizure; he would treat it as a consensual encounter and not reach the reasonable-suspicion question.