State v. Vannett

Citations

• 967 N.W.2d 786
• 2021 ND 225

Syllabus

An officer does not seize a person under the Fourth Amendment by approaching them in a public place. In deciding whether a seizure is justified, this Court analyzes whether there is reasonable and articulable suspicion that a person has committed or is about to commit a crime. The government must demonstrate a chemical test was fairly administered for it to be admitted into evidence. Although N.D.C.C. § 39-20-07 provides a statutory shortcut for evidence of a chemical test result, expert testimony can be used to show fair administration of chemical testing.