State v. Petersen

Citations

• 994 N.W.2d 410
• 2023 ND 155

Syllabus

Law enforcement exceeds its community caretaking function when it opens the door of a sleeping occupant's parked semi-truck and steps onto the running boards in an attempt to gather information without first attempting to get a response from outside of the vehicle. Under prong two of the inevitable discovery doctrine, the State must prove that the evidence would have been found without the unlawful activity and must show how the discovery of the evidence would have occurred.