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State v. Wanzek8/25/1999
216 N.W.2d 90, 99 (N.D. 1974)).
[ ] Both parties submitted well-developed briefs discussing whether Article I, Section 8 of the North Dakota Constitution affords Wanzek greater protection than provided by the Fourth Amendment to the United States Constitution. However, we need not decide whether to apply the state and federal constitutions differently because this is not a case where we would reach a different result. In this case, where the distinction is merely between the arrest of a person in the car and an arrest of a person recently vacating the car, we refuse to apply the North Dakota Constitution differently than the Federal Constitution. [ ] On the facts of this case, Wanzek's rights under the state constitution are identical with her rights under the federal constitution.
IV.
[ ] Accordingly, we hold that the search of Wanzek's vehicle was a lawful search incident to arrest and did not violate the Fourth Amendment of the United States Constitution nor Article I, Section 8 of the North Dakota Constitution. The district court properly denied Wanzek's motion to suppress the evidence discovered in her vehicle and we affirm the judgment.
[ ] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Carol Ronning Kapsner
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