State v. Demars

• Decision Date: 30 August 2007
• Docket Number: No. 20070015.,20070015.
• Citation: 738 N.W.2d 486,2007 ND 145
• Parties: STATE of North Dakota, Plaintiff and Appellee, v. Douglas Alexander DEMARS, Defendant and Appellant.
• Court: North Dakota Supreme Court

738 N.W.2d 486

2007 ND 145

STATE of North Dakota, Plaintiff and Appellee, v. Douglas Alexander DEMARS, Defendant and Appellant.

No. 20070015.

Supreme Court of North Dakota.

August 30, 2007.

Kimberlee Jo Hegvik, Assistant State's Attorney, Fargo, N.D., for plaintiff and appellee.

Lorelle A. Moeckel (argued) and Steven M. Light (appeared), Larivee & Light, Fargo, N.D., for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Douglas A. Demars appeals from a criminal judgment entered upon his conditional plea of guilty to driving under the influence in violation of N.D.C.C. § 39-08-01. We reverse, concluding the district court erred in denying Demars's suppression motion because the record lacks sufficient competent evidence to establish the police officer stopped Demars's vehicle within the officer's geographical jurisdiction.

I

[¶ 2] In June 2006, West Fargo police officer Ryan O'Donnell was on patrol when he overheard the Red River Regional Dispatch inform the Cass County Sheriff's Department of a possible intoxicated driver "northbound on Sheyenne Street or Cass 17 from Horace." Officer O'Donnell testified that because he was close to the area, he proceeded by driving west on Interstate 94 to Sheyenne Street. After arriving at Sheyenne Street, Officer O'Donnell proceeded to follow a dark Blazer east on Interstate 94. Upon confirming the license plates did not match the number given by the dispatch, Officer O'Donnell turned around in the ditch and headed back toward Sheyenne Street where he observed a silver Blazer entering the eastbound lane of Interstate 94. Officer O'Donnell again turned around and caught up to the vehicle, confirming it was the vehicle described by the dispatch.

[¶ 3] Officer O'Donnell testified that he then followed the vehicle eastbound and observed the vehicle weaving within its lane before reaching the intersection of Interstate 94 and Interstate 29. Officer O'Donnell also observed the vehicle drive into the exit lane on Interstate 94 to enter northbound Interstate 29, crossing back into the driving lane without using a turn signal, and then crossing back into the exit lane. Officer O'Donnell followed the motor vehicle onto the exit ramp and proceeded into the northbound lane of Interstate 29. Officer O'Donnell then stopped the vehicle on Interstate 29 near the 17th Avenue overpass for having failed to signal when changing lanes. Officer O'Donnell requested assistance, and Cass County Deputy Daniel Herman arrived and assisted O'Donnell at the scene of the stop on Interstate 29. As a result of the stop, Demars, who was operating the motor vehicle, was cited for driving under the influence in violation of N.D.C.C. § 39-08-01.

[¶ 4] Demars moved the district court to suppress the evidence against him, arguing Officer O'Donnell was outside of his geographical jurisdiction when he stopped Demars. In November 2006, the district court heard Demars's motion. At the hearing, the State presented testimony from Officer O'Donnell, Cass County Deputy Sheriff Daniel Herman, and West Fargo engineering assistant Christopher Brungardt.

[¶ 5] At the conclusion of the hearing, the district court denied Demars's motion to suppress the evidence. Demars entered a conditional guilty plea under N.D.R.Crim.P. 11, preserving his right to contest the district court's denial of his motion to suppress on appeal.

II

[¶ 6] Demars argues the district court erred in denying his motion to suppress and dismiss by improperly taking judicial notice of the West Fargo police officer's geographical jurisdiction and by considering facts not in evidence to conclude Demars committed a traffic violation within the police officer's jurisdiction.

[¶ 7] Our standard of review for a district court's decision on a motion to suppress evidence is well-established. In State v. Albaugh, 2007 ND 86, ¶ 8, 732 N.W.2d 712, we stated:

When reviewing a district court's ruling on a motion to suppress, we defer to the district court's findings of fact and resolve conflicts in testimony in favor of affirmance. State v. Graf, 2006 ND 196 ¶ 7, 721 N.W.2d 381. We recognize that the district court is in a superior position to assess the credibility of witnesses and weigh the evidence. State v. Woinarowicz, 2006 ND 179, ¶ 20, 720 N.W.2d 635 (citations omitted). Generally, a district court's decision to deny a motion to suppress will not be reversed if there is sufficient competent evidence capable of supporting the district court's findings, and if its decision is not contrary to the manifest weight of the evidence. Id. Questions of law are fully reviewable on appeal, and whether a finding of fact meets a legal standard is a question of law. Graf, at ¶ 7.

Albaugh, at ¶ 8 (quoting State v. Goebel, 2007 ND 4, ¶ 11, 725 N.W.2d 578). In other words, we will reverse the district court's denial of a suppression motion where the decision lacks sufficient competent evidence fairly capable of supporting its findings, and the decision is contrary to the manifest weight of the evidence.

III

[¶ 8] The dispositive issue in this case is whether sufficient competent evidence established the West Fargo police officer stopped Demars's vehicle within the officer's one and one-half mile geographical jurisdiction. The general rule is that a police officer acting outside of his jurisdiction is without official capacity and without official power to arrest. State v. Littlewind, 417 N.W.2d 361, 363 (N.D.1987).

[¶ 9] A city police officer's geographical jurisdiction is set forth in N.D.C.C. § 40-20-05, which states in part:

1. The chief of police shall perform such duties as shall be prescribed by the governing body for the preservation of the peace. The chief of police shall have the authority to administer oaths to police officers under the chief's supervision. Within the city limits, and for a distance of one and one-half miles [2.41 kilometers] in all directions outside the city limits, the police officers and watchmen of the city shall perform the duties and exercise the powers of peace officers as defined and prescribed by the laws of this state.

2. A police officer in "hot pursuit" may continue beyond the one and one-half mile [2.41 kilometers] limit to make an arrest, in obedience to a warrant or without a warrant under the conditions of section 29-06-15, whenever obtaining the aid of peace officers having jurisdiction beyond that limit would cause a delay permitting escape. As used in this subsection, "hot pursuit" means the immediate pursuit of a person who is endeavoring to avoid arrest.

(Emphasis added.)

[¶ 10] This Court has also recognized that city police officers have jurisdiction to stop vehicles and arrest individuals outside of their geographical jurisdiction when responding to requests from another law enforcement agency for aid and assistance. See State v. Graven, 530 N.W.2d 328, 330 (N.D.1995) (holding that although officer's observation and stop of the defendant's vehicle occurred outside of the officer's geographical jurisdiction, the officer still had jurisdiction where the officer was requested by a state trooper to stop the suspect's vehicle). See also N.D.C.C. § 44-08-20(3) (stating, "Peace officers employed by a law enforcement agency within the state have the power of a peace officer . . . [w]hen responding to requests from other law enforcement agencies or officers for aid and assistance."); Mead v. North Dakota Dep't of Transp., 1998 ND App 2, ¶ 12, 581 N.W.2d 145 (holding peace officer who responded to a request from another law enforcement agency for assistance had authority to complete the investigation and make an arrest). There is no evidence Officer O'Donnell requested authorization to make an extra-territorial stop.

[¶ 11] An officer's authority to arrest also extends beyond the officer's geographical jurisdiction when in "hot pursuit" under N.D.C.C. § 40-20-05. See, e.g., Littlewind, 417 N.W.2d at 362. There is no evidence Officer O'Donnell activated his lights within his geographical jurisdiction.

[¶ 12] West Fargo engineering assistant Brungardt testified at the suppression hearing that he had worked there for ten years and had "become intimately knowledgeable of the city limit boundaries through review of the plats before they record it, by design of roadways on section lines and boundary streets, and through work with the DOT of the same roads." Brungardt testified regarding West Fargo's city limits, stating:

A This would be 17th Street from Seventh Avenue East south of 13th Avenue, then would be the extension as it goes along the backyards of these single family homes along what would be 17th Street East down to the Interstate, this center line Interstate right-of-way here. That would then—then it jogs back to the west to Ninth Street East and goes down the center line back of that section or line down here to 40th Avenue, which goes back to the west of the Sheyenne River called Sheyenne River Down, then north in the area of McMahon's Addition, back to the east down to the east drew line of the McMahon's Addition down to 52nd Avenue South. . . .

In response to questions from the court seeking to clarify West Fargo's boundary on the east side of the city, Brungardt testified:

THE WITNESS: It follows the center line of 17th Street is actually the quarter section line. When Ninth Street and 45th Street are the section lines, so this is mid-section.

THE COURT: And then the city limit boundary where it jogs back to the west approximately, it looks like a quarter mile there or thereabouts, on Interstate 94, is that on the north, south, mid-point or whereabouts, if you know?

THE WITNESS: It jogs back a half mile down the center line, right down the section line. The Interstate is slightly skewed, not quite following the center line.

. . . .

REDIRECT EXAMINATION BY MR. MARTENS:

Q. According to what you said earlier, Seventh Avenue;

A. Seventh Avenue East,—

Q. —is that correct?

A. —correct.

Q. Seventh...