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City of Fargo v. Egeberg8/18/2000
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Cynthia A. Rothe-Seeger, Judge.
AFFIRMED.
Opinion of the Court by Sandstrom, Justice.
[ ] Duane Egeberg appeals from a judgment of conviction resulting from his conditional plea of guilty under N.D.R.Crim.P. 11(a)(2), to the charge of driving while under the influence of intoxicating liquor. We affirm, concluding the officer had probable cause to arrest Egeberg for driving under the influence and Egeberg's statements to the officer did not violate his privilege against self-incrimination.
I.
[ ] At about 9:00 p.m. on August 10, 1999, two women were walking on 4th Street in Fargo when a man "pulled down his shorts and exposed his buttocks" to them. One of the women testified she did not see the man's face, but she described him as "tall and slim, dark hair, he had on a pair of shorts and dark colored sweatshirt." She testified she believed the man deliberately exposed himself, and she provided law enforcement officers with the license number for the vehicle she saw the man get into and drive from the scene.
[ ] A Fargo police officer took the report from the woman and ran a license check on the vehicle. The officer ascertained the registered owner of the vehicle was Egeberg. The officer testified she then proceeded to Egeberg's address to investigate a possible disorderly conduct. The officer, upon arriving at Egeberg's address, saw his parked vehicle and knocked on the door. An elderly lady answered and stated Egeberg was her son, and he came to the door. According to the officer, Egeberg generally matched the woman's description of the man, and the officer asked him to step outside the house to speak with her. Egeberg stepped out of the house and spoke with the officer about the incident. According to the officer, Egeberg confirmed he was the owner of the vehicle, and he had left a bar and restaurant and was attempting to tuck his shirt into his shorts when his shorts had fallen. The officer testified Egeberg told her that he then entered his vehicle and drove it home. The officer testified she detected a strong odor of alcohol on Egeberg during their conversation, and she then began investigating him for driving under the influence of intoxicating liquor. She testified Egeberg submitted to field sobriety tests. According to the officer, she arrested Egeberg for driving under the influence after he completed three field sobriety tests. The officer testified she informed Egeberg of his rights under Miranda v. Arizona, 384 U.S. 436 (1966), and he agreed to submit to a blood test. The officer testified that while transporting Egeberg to a hospital for a blood test, he stated "he didn't feel very drunk," "he only had a few beers," and "he was almost sober now."
[ ] The City of Fargo charged Egeberg with driving under the influence of intoxicating liquor. Egeberg moved to dismiss, claiming the officer lacked probable cause to investigate him for driving under the influence. Egeberg moved to suppress the results of the blood test, claiming an illegal search and seizure. Egeberg also moved to suppress statements he made to the officer, claiming a violation of his Fifth Amendment right against self-incrimination. The trial court denied Egeberg's motion, ruling the officer had probable cause to arrest Egeberg, there was no illegal search and seizure because the results of the blood test were obtained as the result of a valid arrest, and there was no Miranda violation because any statements made by Egeberg prior to his arrest were made during the course of an investigation when he was free to leave and any statements after his arrest were ma
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