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State v. Haverluk10/3/2000
Appeal from the District Court of Stark County, Southwest Judicial District, the Honorable Ronald L. Hilden, Judge.
REVERSED AND REMANDED.
Opinion of the Court by Sandstrom, Justice.
[ ] The State of North Dakota appeals from a district court order suppressing evidence. Concluding the district court erred in its application of the law, we reverse.
I.
[ ] Belfield police officer Michael Gant and Belfield police chief Eric Ahrens responded to a complaint from an employee of the Super Pumper Station Store in Belfield, North Dakota. The employee's complaint alleged a customer in the store's parking lot was making "fists gestures" at employees. When the officers arrived, they attempted to speak to Haverluk, who was seated in a car in the store's parking lot. Haverluk responded by cursing at the officers.
[ ] Officer Gant, who was stationed on the passenger side of Haverluk's vehicle, observed Haverluk place his right hand between the driver's seat and console. Gant informed Chief Ahrens of Haverluk's actions; the officers drew their weapons and ordered Haverluk to step out of the car.
[ ] The officers noticed several indications of intoxication and ultimately arrested Haverluk for being in actual physical control ("APC") of a motor vehicle while under the influence of intoxicating liquor, drugs, or other substances. Shortly after Haverluk was ordered out of the car, Gant entered the car and reached between the driver's seat and console, where he found a set of keys, one of which was the vehicle's ignition key. Ahrens advised Haverluk he was under arrest. Haverluk then struck Ahrens in the face.
[ ] After a preliminary hearing, Haverluk moved to suppress the keys, based on the testimony presented at the preliminary hearing. The State's untimely response to the motion included an evidentiary hearing request. Without addressing either the State's request for an evidentiary hearing on Haverluk's motion or Haverluk's motion to quash the State's answer as having been untimely submitted, the district court granted Haverluk's motion to suppress, stating:
Under the facts revealed in this record, law enforcement claimed to be searching for weapons, but none were found, and the search occurred after the situation was secured. The rationale for the exception-the protection of the officers from assault with a weapon hidden in the vehicle and the prevention of destruction of evidence-does not apply once the vehicle or arrestee is removed from the scene of the arrest . . . . The car keys are inadmissible.
[ ] The State filed a statement with the district court, as required by N.D.C.C. § 29-28-07(5), and appeals, contending the district court erred in suppressing the vehicle ignition keys. The district court had jurisdiction under N.D.C.C. § 27-05-06. This Court has jurisdiction under N.D. Const. art. VI, § 6, and N.D.C.C. § 29-28-07(5).
II.
[ ] When 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. City of Grand Forks v. Zejdlik, 551 N.W.2d 772, 774 (N.D. 1996) (citing City of Grand Forks v. Egley, 542 N.W.2d 104 (N.D. 1996)). We affirm the district court's decision unless, after resolving conflicting evidence in favor of affirmance, we conclude there is insufficient competent evidence to support the decision, or unless the decision goes against the manifest weight of the evidence. City of Fargo v. Thompson, 520 N.W.2d 578, 581 (N.D. 1994) (citations omitted). Questions of law are fully reviewable. State v. Zimmerman, 529 N.W.2d 171, 173 (N.D. 1995) (c
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