City of West Fargo v. Medbery
Annotate this CaseBridget Medbery appealed after she conditionally pled guilty to actual physical control, reserving her right to appeal the district court’s order denying her motion to suppress. On November 21, 2019, officers responded to a report that a woman, later identified as Medbery, was unconscious in the driver’s seat of a vehicle parked in a driveway. Medbery was ultimately arrested for and charged with actual physical control of a motor vehicle while under the influence of alcohol. At a hearing in early 2020, Medbery unsuccessfully moved to suppress the evidence gathered from the stop, arguing she was unconstitutionally seized. To the North Dakota Supreme Court, Medbery argued the district court erred in concluding the community caretaker exception to the warrant requirement applied, and that the trial court erred in finding law enforcement had reasonable and articulable suspicion of criminal activity at the time she was seized. Finding no reversible error, the Supreme Court affirmed.
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