City of Jamestown v. Casarez

Citations

• 958 N.W.2d 467
• 2021 ND 71

Syllabus

An ordinance is not in conflict with a statute where it does not allow that which the statute expressly prohibits. Jamestown Municipal Code § 21-04-06 is not in direct conflict with N.D.C.C. § 39-08-01. A person is seized within the meaning of the Fourth Amendment of the United States Constitution only if, in view of all the circumstances surrounding the incident, a reasonable person would have believed he was not free to leave. Under the Fourth Amendment of the United States Constitution, an officer may, in appropriate circumstances and in an appropriate manner, detain an individual for investigative purposes when there is no probable cause to make an arrest if a reasonable and articulable suspicion exists that criminal activity is afoot.