Brekhus v. N. Dakota Dep't of Transp., 20170296

• Decision Date: 10 April 2018
• Docket Number: No. 20170296,20170296
• Citation: 909 N.W.2d 113 (Mem)
• Parties: Deanne M. BREKHUS, Appellee v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Appellant
• Court: North Dakota Supreme Court

909 N.W.2d 113 (Mem)

Deanne M. BREKHUS, Appellee

v.NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Appellant

No. 20170296

Supreme Court of North Dakota.

Filed April 10, 2018

Chad R. McCabe, Bismarck, ND, for appellee.

Douglas B. Anderson, Office of Attorney General, Bismarck, ND, for appellant.

Per Curiam.

[¶ 1] The North Dakota Department of Transportation appeals from the district court’s judgment reversing an administrative hearing officer’s decision revoking Deanne M. Brekhus’s driving privileges for 180 days.

[¶ 2] The administrative hearing officer found law enforcement had reason to believe Brekhus committed a moving traffic violation and Brekhus refused to submit to either on-site screening or chemical tests. The district court reversed, concluding the evidence presented at the administrative hearing was obtained in violation of Brekhus’s constitutional rights. The Department appealed, arguing the evidence was obtained under the hot pursuit exception to the warrant requirement. We agree, concluding City of Bismarck v. Brekhus , 2018 ND 84, ¶ 27, 908 N.W.2d 715, controls in this appeal. There, we held the officer’s warrantless, limited entry into Brekhus’s open garage while in hot pursuit was constitutionally reasonable. We summarily reverse the judgment under N.D.R.App.P. 35.1(b) and reinstate the administrative order.

[¶ 3] Gerald W. VandeWalle, C.J.

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen

Jerod E. Tufte