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· 6/24/2021

State v. Van Der Heever

Citations

  • 961 N.W.2d 272
  • 2021 ND 116

Syllabus

Information from a tip may provide the factual basis for an investigative stop. In evaluating whether the factual basis for a stop meets the legal standard of reasonable and articulable suspicion, we consider the totality of the circumstances. Where a known, or easily ascertainable, informant provides a greater quantity of information than a bare assertion of possible impaired or erratic driving, the officer need not personally observe, or corroborate, evidence of criminal activity in order to have reasonable suspicion to stop a vehicle.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “constitutions, like statutes, must be construed ... with the view of arriving at and enforcing the intention of the convention”
  • “constitutions, like statutes, must be construed ... with the view of arriving at and enforcing the intention of the convention.”
  • the construction of constitutional provisions is generally governed by the same rules as those governing the interpretation of statutes and codes
  • the construction of constitutional provisions is generally governed by the same rules as those governing the interpretation of statutes and codes
  • intent ascertained from language used and its legal context
  • intent ascertained from language used and its legal context

Source: CourtListener parenthetical corpus (CC0).

Judges: McEvers, Lisa K. Fair

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.