State v. Morsette
Citations
- 2019 ND 84
- 924 N.W.2d 434
Syllabus
A district court's finding that the facts support a reasonable and articulable suspicion is fully reviewable on appeal. Merely observing a driver tapping the illuminated screen of his cell phone for two seconds does not create reasonable and articulable suspicion that a violation of N.D.C.C. 39-08-23 has occurred. It is not reasonable to conclude an officer made a reasonable mistake of fact if he is unable to articulate why he thought an individual's conduct violated the law.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “It seems to me that the majority opinion substantially reduces, if not eliminates, the effective enforcement of the statute.”
- finding no reasonable suspicion under North Dakota’s statute
Source: CourtListener parenthetical corpus (CC0).
Judges: McEvers, Vandewalle
Read full opinion on CourtListenerCited by
3 cases in this archive cite this case.
Cites
15 cases in this archive are cited by this case.
- Delaware v. ProuseSupreme Court· 1979-03-27· cited 5,549×
- United States v. ArvizuSupreme Court· 2002-01-15· cited 3,936×
- Heien v. North CarolinaSupreme Court· 2014-12-15· cited 619×
- State v. SmithNorth Dakota Supreme Court· 2005-01-19· cited 38×
- Lapp v. North Dakota Department of TransportationNorth Dakota Supreme Court· 2001-07-25· cited 32×
- People v. CorralesCalifornia Court of Appeal· 2013-02-06· cited 29×
- Gabel v. North Dakota Department of TransportationNorth Dakota Supreme Court· 2006-08-16· cited 25×
- State v. CohenNew Jersey Superior Court App Division· 2002-02-05· cited 25×
- United States v. FloresSeventh Circuit· 2015-08-19· cited 25×
- United States v. Gregorio Paniagua-GarciaSeventh Circuit· 2016-02-18· cited 21×
- State v. WolferNorth Dakota Supreme Court· 2010-04-06· cited 17×
- State v. HirschkornNorth Dakota Supreme Court· 2016-06-30· cited 17×
- State v. JamesNorth Dakota Supreme Court· 2016-03-15· cited 9×
- State v. RahierNorth Dakota Supreme Court· 2014-07-17· cited 7×
- State v. $127,930 United States CurrencyNorth Dakota Supreme Court· 2017-12-07· cited 5×
Sourced from CourtListener / Free Law Project (CC0).
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