 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Tollefson5/6/2003
AFFIRMED.
[ ] Bruce Tollefson appeals from the April 10, 2002, order denying suppression of evidence and the final criminal judgment entered upon his conditional guilty plea to four counts of drug-related charges. We affirm.
I.
[ ] On November 16, 2001, Tollefson was driving his vehicle on Sheyenne Street when a West Fargo police officer stopped him for speeding. The officer approached Tollefson's vehicle and asked for his driver's license. Tollefson indicated he did not have his license with him. During this exchange, the officer noticed the smell of alcohol on Tollefson's breath. She asked Tollefson to step out of his vehicle and return to the patrol vehicle with her.
[ ] While walking back to the patrol vehicle, the officer observed that Tollefson was acting "jumpy" and "jittery." Tollefson began to dig in his pockets and fumble with his waistband. The officer repeatedly asked Tollefson to keep his hands out of his pockets and waistband, but Tollefson continued to fidget with his pants.
[ ] The officer explained to Tollefson that she was going to conduct a pat down search for safety purposes. While patting Tollefson down, the officer felt a hard cylindrical object, about three to four inches long, in the pocket of Tollefson's jeans. The officer asked Tollefson if there was anything in his pocket that could poke or hurt her. She reached in and removed the object from Tollefson's pocket. It was a hard plastic tube used to ingest methamphetamine and a piece of aluminum foil with drug residue.
[ ] The officer placed Tollefson in the back seat of the patrol vehicle and proceeded to run a computer check. Tollefson continued to be very "jumpy" in the backseat of the patrol vehicle and was talking continuously on his cell phone. The computer check confirmed that Tollefson did have a current driver's license.
[ ] At this time, the officer still detected an odor of alcohol coming from Tollefson's breath, so she asked him to take a breathalyzer test and standardized field sobriety tests. Tollefson passed the breathalyzer test and the Horizontal Gaze Nystagmus test, but failed the walk-and-turn test. The results of the tests and Tollefson's continued "jumpy" behavior led the officer to believe that Tollefson was not under the influence of alcohol but, rather, under the influence of some other drug. The officer placed Tollefson under arrest for possession of the drug paraphernalia found in his pocket and transported him to the West Fargo Police Department to do further testing with a Drug Recognition Expert. Tollefson was subsequently arrested at the police department for driving under the influence and driving without liability insurance. Tollefson's vehicle was searched incident to arrest, revealing large quantities of methamphetamine and marijuana.
[ ] Tollefson was charged with Possession of a Controlled Substance (methamphetamine) with Intent to Deliver, a Class AA Felony; Possession of a Controlled Substance (marijuana) with Intent to Deliver, a Class B Felony; Possession of Drug Paraphernalia, a Class C Felony; and Possession of a Controlled Substance (marijuana), a Class A Misdemeanor. On January 7, 2002, Tollefson filed a motion to suppress. A hearing was held on February 13, 2002, and briefs were later submitted by both parties. On April 10, 2002, the trial court issued its order denying Tollefson's motion to suppress. Tollefson subsequently entered a conditional guilty plea to all charges, pending the outcome of this appeal.
[ ] On appeal, Tollefson argues the trial court wrongly denied his motion to suppress. Tollefson contends the pat down search performed by the officer exceeded its permiss
Page 1 2 3 4 North Dakota DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|