970 N.W.2d 197
N.D.2022Background
- In July 2020 a Bismarck officer stopped Willard as she exited a gas-station parking lot, citing a failure to stop before driving onto the sidewalk.
- After approaching the vehicle the officer detected a marijuana odor; a subsequent search produced methamphetamine, oxycodone pills, a scale, multiple phones, and large amounts of cash.
- Willard was charged with five drug-related offenses and moved to suppress the evidence, arguing the stop lacked reasonable and articulable suspicion.
- The officer testified his sole basis for the stop was a belief Willard violated N.D.C.C. § 39-10-45 (stop when emerging from an alley, driveway, private road, or building in a business/residence district).
- The district court held the portion of the parking lot used to enter/exit onto the main road was a “driveway,” found the stop supported reasonable suspicion, and denied suppression; Willard entered a conditional guilty plea and appealed.
- The North Dakota Supreme Court affirmed, concluding the parking-lot exit qualified as a “driveway” and the stop was justified (the officer’s interpretation was objectively reasonable).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of the stop under the Fourth Amendment (reasonable suspicion) | Officer: Willard violated §39-10-45 by failing to stop when emerging onto the sidewalk/road, giving reasonable suspicion | Willard: Exit from a gas-station parking lot is not a “driveway” under §39-10-45, so no traffic violation and no reasonable suspicion | Stop lawful: the exit used for ingress/egress is a “driveway,” so §39-10-45 applied and provided reasonable suspicion |
| Whether an officer’s mistake of law can justify reasonable suspicion | State: Even if the officer misread the statute, an objectively reasonable mistake of law can support reasonable suspicion | Willard: Any legal mistake was not objectively reasonable and cannot validate the stop | Court: The officer’s interpretation was objectively reasonable; suppression denial affirmed |
Key Cases Cited
- State v. Hirschkorn, 881 N.W.2d 244 (N.D. 2016) (reasonable suspicion standard; objectively reasonable mistakes of law/fact can support stops)
- City of Lincoln v. Schuler, 962 N.W.2d 413 (N.D. 2021) (standard of review for suppression rulings; statutory interpretation principles)
- State v. Jones, 401 P.3d 271 (Or. Ct. App. 2017) (definitions and common meaning of “driveway” as a private access way from a public road)