State v. Demars ( 2007 )

VANDE WALLE, Chief Justice,

dissenting.

[¶ 24] As the majority notes, in reviewing a district court’s ruling on a motion to suppress, “we defer to the district court’s findings of fact and resolve conflicts in testimony in favor of affirmance,” citing State v. Albaugh, 2007 ND 86, ¶ 8, 732 N.W.2d 712. Applying this standard in this case I conclude there is sufficient evidence in the record to support the district court’s finding that the West Fargo police officer acted within his jurisdiction. I would therefore affirm the judgment of the district court.

[¶ 25] DALE V. SANDSTROM, J., concur.