914 N.W.2d 495
N.D.2018Background
- On Jan. 7, 2017, Craig Keller, a volunteer reserve deputy for the Cass County Sheriff’s Office, encountered a running vehicle in a ditch with two men; Kenneth Ndumbe Ngale exited the driver’s side.
- Keller detected odor of alcohol, observed balance problems, and Ngale admitted drinking; Keller conducted field sobriety tests (two failed) and administered an Alco-Sensor preliminary breath test yielding 0.118% after a second attempt using a manual capture technique.
- Keller arrested Ngale for actual physical control of a motor vehicle; Ngale was taken to jail and refused a chemical test; charges were actual physical control and refusal (refusal later dismissed). Ngale moved to suppress evidence obtained after the seizure.
- Ngale argued the stop/arrest was unlawful because Keller was not a licensed peace officer under N.D.C.C. § 12-63-02, lacked DUI/field sobriety training, and thus lacked authority and probable cause to arrest.
- The district court found Keller was a reserve deputy exempt from licensing under N.D.C.C. § 12-63-03(2), had authority to investigate and arrest, and that probable cause supported the arrest; Ngale conditionally pled guilty to actual physical control and appealed the suppression denial.
Issues
| Issue | Ngale's Argument | State's Argument | Held |
|---|---|---|---|
| Whether Keller was required to be licensed to perform peace-officer duties | Keller was unlicensed; N.D.C.C. § 12-63-02 bars unlicensed peace-officer duties | Keller is a reserve deputy exempt from licensing under § 12-63-03(2) | Keller is a reserve deputy exempt from licensing; licensing statute does not apply |
| Whether Keller’s appointment required compliance with special-deputy statute § 11-15-02 | Keller must meet special-deputy requirements; sheriff cannot appoint unpaid reserve deputies otherwise | Sheriff may appoint reserve deputies under statutes (e.g., § 11-15-03(5)) and § 12-63-03(2) covers non-salaried reserve officers | Keller is a reserve deputy, not a special deputy; special-deputy requirements are not required here |
| Whether Keller met his unit’s reserve-program minimum training requirements | Keller did not show completion of accredited course required by reserve program website | No evidence of what requirements were at time Keller was sworn; Keller testified to training and deputization; Ngale bore burden to show illegality | Ngale failed to prove Keller lacked required qualifications when sworn; evidence supports Keller’s reserve status and training |
| Whether probable cause supported arrest | Keller’s lack of formal DUI/licensing training invalidates probable cause | Keller observed odor, admission of drinking, failed field sobriety tests, and a 0.118% preliminary breath result | Probable cause existed; arrest lawful and suppression denial affirmed |
Key Cases Cited
- State v. Broom, 911 N.W.2d 895 (N.D. 2018) (appellate review standards for suppression; deference to district court factual findings)
- State v. Brown, 906 N.W.2d 120 (N.D. 2018) (statutory interpretation principles; give words their plain meaning)
- State v. Beilke, 489 N.W.2d 589 (N.D. 1992) (definition and purpose of special deputies appointed by sheriff)
- State v. Williams, 881 N.W.2d 618 (N.D. 2016) (defendant bears initial burden to make a prima facie showing that evidence was illegally seized)
- In re Mangelsen, 843 N.W.2d 8 (N.D. 2014) (courts interpret statutes as written; policy and wisdom of legislation belong to legislature)