State v. Krogen

Filed Sep. 23, 2008
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2008 ND 169

State of North Dakota, Plaintiff and Appellee
v.
Levi Krogen, Defendant and Appellant

No. 20080041

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Robert O. Wefald, Judge.
AFFIRMED.
Per Curiam.
Jeffrey R. Ubben, Assistant State's Attorney, Courthouse, 514 East Thayer Avenue, Bismarck, N.D. 58501; for plaintiff and appellee.
Chad R. McCabe, McCabe Law Firm, 523 North Fourth Street, Suite 3, Bismarck, N.D. 58501; for defendant and appellant.

State v. Krogen
No. 20080041

Per Curiam.

[¶1] Levi Krogen appeals the district court's criminal judgment entered on a conditional guilty plea to the charge of driving under suspension, a class A misdemeanor, after the district court denied his motion to suppress evidence obtained during an investigative motor vehicle stop. On appeal, Krogen argues the stop was not justified by a reasonable and articulable suspicion that he was violating the North Dakota motor vehicle registration laws. In State v. Skarsgard, 2007 ND 160, ¶ 8, 739 N.W.2d 786, this Court held, "When a law enforcement officer observes a vehicle with no license plates and no viewable registration certificate, the officer has reasonable grounds to stop the driver and check if the driver has a valid certificate in his possession." Concluding the Skarsgard opinion is controlling, we summarily affirm the district court's judgment under N.D.R.App.P. 35.1(a)(7).

[¶2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Daniel J. Crothers
Mary Muehlen Maring
Carol Ronning Kapsner