North Dakota v. Van Der Heever
| Docket Number | 20200309 |
| Decision Date | 24 June 2021 |
The State appealed a district court order granting Marco Van Der Heever’s motion to suppress evidence, arguing the officer had reasonable suspicion to stop Van Der Heever’s vehicle. Van Der Heever was charged with driving under the influence of intoxicating liquors. He moved to suppress the evidence obtained as a result of his vehicle being stopped by law enforcement. The district court held a hearing, where Sergeant Cory Mortensen provided the sole testimony. Mortensen testified he was...
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3 cases
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State v. Bolinske
...determination within 48 hours of an arrest. Questions of law are fully reviewable on appeal. State v. Van Der Heever , 2021 ND 116, ¶ 6, 961 N.W.2d 272.A[¶12] In 1975, the United States Supreme Court held the Fourth Amendment requires a "prompt" judicial determination of probable cause in o......
- Comes v. State
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State v. Vannett
...facts must produce, by reasonable inference, a reasonable suspicion of unlawful conduct." State v. Van Der Heever , 2021 ND 116, ¶ 7, 961 N.W.2d 272 (cleaned up). [¶13] Vannett claims Murray lacked reasonable and articulable suspicion because he relied on an anonymous caller's information a......