State v. Deviley
803 N.W.2d 561
N.D.2011Background
- Deviley and Lee were passengers/driver in a vehicle stopped for speeding on I-94 in November 2010.
- Officer identified Lee, checked for warrants, and questioned travel plans; Deviley’s presence raised officer concern.
- Officer observed nervousness, inconsistencies in travel plans, an open energy drink, and minimal luggage.
- Lee permitted a search request; Lee refused; officer summoned a canine unit to the scene.
- Canine indicated scent of controlled substances; 95 pounds of marijuana were seized from the pickup.
- District court denied suppression motions; defendants pled guilty conditionally and challenged suppression and charging decisions on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable suspicion for detention | Deviley/Lee argue no reasonable suspicion existed. | State argues totality of circumstances supported suspicion. | Supression denied; reasonable suspicion found |
| De facto arrest due to canine delay | Lee contends twenty-minute canine wait created arrest | State contends delay reasonable under Fields standard | Delay not an arrest; reasonable suspicion supported continued detention |
| Enhancement of charge under 19-03.1-23.1(l)(c)(ll) | Lee argues 95 pounds triggers but-one provision; conflict with 23(l)(b) | Lee contends two provisions inconsistent; one governs delivery, other manufacturing/possession to deliver | Enhancement applied under (l)(c)(ll); consistent interpretation |
| Statutory interpretation compatibility | Dissent argues provision misapplied; components create conflict | Majority holds provisions are distinct; delivery threshold not met, but 500+ grams sufficient | Statutes harmonized; not inconsistent; 500+ grams triggers enhancement |
Key Cases Cited
- Franzen, 2010 ND 244 (ND Sup. Ct. 2010) (totality of circumstances and officer training standard for suspicion)
- Fields, 2003 ND 81 (ND Sup. Ct. 2003) (reasonable suspicion required, nervousness alone insufficient)
- OvInd, 1998 ND 69 (ND Sup. Ct. 1998) (consider totality of circumstances for suspicion)
- Mendenhall, 446 U.S. 544 (Supreme Court 1980) (definition of seizure for Fourth Amendment purposes)
- Bloomfield, 40 F.3d 910 (8th Cir. 1994) (canine delay context; longer delays noted)
- Thompson, 520 N.W.2d 578 (ND Sup. Ct. 1994) (standard for evaluating suppression rulings)
- Heitzmann, 2001 ND 136 (ND Sup. Ct. 2001) (nervousness as a suspicious indicator in context)
- Zimmerman, 543 N.W.2d 479 (ND App. Ct. 1996) (officer expertise does not replace factual basis for suspicion)