DocketNumber： 20160004
Citation Numbers： 2016 ND 125
Filed Date： 6/30/2016
Status： Precedential
Modified Date： 7/1/2016
Filed 6/30/16 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2016 ND 125
State of North Dakota, Plaintiff and Appellant
v.
Terri Phelps, Defendant and Appellee
No. 20160004
Appeal from the District Court of McLean County, South Central Judicial District, the Honorable John W. Grinsteiner, Judge.
REVERSED.
Per Curiam.
Ladd R. Erickson, McLean County State’s Attorney, P.O. Box 1108, Washburn, N.D. 58577-1108, for plaintiff and appellant; on brief.
Danny L. Herbel, The Regency Business Center, 3333 East Broadway Avenue, Suite 1205, Bismarck, N.D. 58501, for defendant and appellee; on brief.
State v. Phelps
No. 20160004
Per Curiam.
[¶1] The State appeals after the district court suppressed evidence from the traffic stop and DUI arrest of Terri Phelps. The district court found there is no statutory requirement for a driver to signal when turning out of an alley and therefore the officers did not have a reasonable basis to stop Phelps. The State argues the district court misinterpreted the law and should not have suppressed the evidence. We agree, concluding State v. Hirschkorn , 2016 ND 117, is dispositive of this appeal. We summarily reverse under N.D.R.App.P. 35.1(b), concluding the district court should not have suppressed the evidence in this case.
[¶2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Carol Ronning Kapsner
Lisa Fair McEvers
Daniel J. Crothers