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State v. Sivertsen1/10/2001
authority that converted her contact with Sivertsen into a Fourth Amendment seizure. But the evidence was in conflict on this point, and Judge Collins did not resolve this factual issue.
This case is REMANDED to the district court for reconsideration of Sivertsen's suppression motion. The court is authorized, in its discretion, to take additional testimony. The district court shall forward a copy of its renewed decision to this court within 90 days.
If the district court reaffirms its decision to suppress the evidence, the parties shall then have 30 days to file memoranda with this court, responding to that decision. The parties' memoranda need not comply with Appellate Rule 212. But if, on reconsideration, the district court denies Sivertsen's motion, we will then remand the case to the district court for further proceedings on the complaint subject to Sivertsen's right to file a petition for review.
When this court has received the district court's decision and the parties' memoranda (or when the time for filing these memoranda has expired), we will renew our consideration of the district court's decision.
We retain jurisdiction of this case pending the district court's reconsideration of Sivertsen's motion to suppress.
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