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State v. Rinehart10/18/2000
a roadway does not by itself create a reasonable suspicion of driving under the influence of alcohol or other illegal activity."á State v. Brown, 509 NW2d 69, 71 (ND 1992).á In other words, Officer DeBoer must have had an objective basis to stop Rinehart's vehicle.á This is true whether the stop is part of the community caretaking function or to investigate criminal activity.á Thus, extrinsic objective evidence must demonstrate that illegal activity is afoot or community caretaking is needed before an officer can make a constitutionally permissible stop.
[ .] Because Officer DeBoer had no independent articuable facts that Rinehart's car had malfunctioned or that Rinehart was in physical peril, he had no legal justification to pull him over.á " owever well-intentioned the stopping may have been in this case, the risk for abuse is real."á Doheny v. Comm. of Public Safety, 368 NW2d 1, 2 (MinnApp 1985).á The risk of abuse, in this case, cannot be overcome by mere whim no matter how heart-felt the officer may be.á An objective standard, where articuable facts are proffered, is the only benchmark for which we judge whether a search or seizure is consistent with the auspices of the Fourth Amendment.á An officer's subjective motive cannot supplant objective "reasonableness" of the Fourth Amendment.
[ .] This Court has gone too far.á This Court's pronouncement all but vitiates any Fourth Amendment protection.á Officers in training will be taught to use the magic language at trial:á "I was acting in my community caretaking capacity when I stopped the defendant's vehicle."á As endorsed by this Court, employment of such a maneuver would allow police carte blanche power to stop anyone, at any time, for any reason.á Certainly, a citizen's constitutional right to be free from unreasonable search and seizure should not depend on a catch phrase of the arresting officer.á With the adoption of this rule, under these facts, a police state is not too far away.á An officer is always acting within a community caretaking function whether investigating a crime or helping an elderly lady cross the street.á The rule announced today begs the question:á when is an officer not acting within its community caretaking function?
[ .] Therefore, I dissent.
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