State v. Lykken, 1207

• Decision Date: 28 May 1987
• Docket Number: No. 1207,1207
• Parties: STATE of North Dakota, Plaintiff and Appellee, v. Ernest LYKKEN, Defendant and Appellant. Crim.
• Court: North Dakota Supreme Court

Page 664

406 N.W.2d 664

STATE of North Dakota, Plaintiff and Appellee, v. Ernest LYKKEN, Defendant and Appellant.

Crim. No. 1207.

Supreme Court of North Dakota.

May 28, 1987.

Maureen White Eagle, City Atty., Devils Lake, for plaintiff and appellee.

Fleming, DuBois & Trenbeath, Cavalier, for defendant and appellant; argued by Thomas L. Trenbeath.

GIERKE, Justice.

Ernest Lykken appeals from a county court judgment convicting him of driving under the influence of alcohol in violation of a local ordinance. We affirm.

At approximately 6:15 a.m. on September 7, 1985, Clay Sorenson, a district engineer with the North Dakota State Highway Department, was driving east on U.S. Highway 2 east of Devils Lake when he noticed a vehicle proceeding westerly in the eastbound roadway. Sorenson, by flashing his lights, attempted to alert the driver that he was traveling in the wrong direction. Sorenson followed the vehicle, and when it came to a stop in a parking lot he walked over and informed the driver that he had been traveling in the wrong direction on the roadway. Sorenson detected that the driver's speech was slurred and formed the opinion that the driver may be "impaired." Sorenson observed that the vehicle was a dark colored "sporty car" with license plate designation "PETE1." He then contacted the state radio dispatcher to whom he described the vehicle and indicated that he had observed the vehicle proceeding in the wrong direction on Highway 2 and that the driver may be alcohol impaired.

At that time Ted Rainesalo, a police officer with the Devils Lake Police Department, was on duty. The dispatcher informed Rainesalo that the driver of a black sports car with license number "PETE1" may be alcohol impaired. As Rainesalo proceeded in his vehicle to investigate the situation he sighted Sorenson's vehicle. Rainesalo, who had previously met Sorenson, stopped to talk with him. Although Rainesalo's testimony demonstrates that he could not remember exactly what their conversation involved, he testified that Sorenson described the vehicle and license number of the car, that Sorenson stated the driver of the vehicle might be impaired, and that Sorenson advised him that the vehicle had been proceeding in the wrong lane of traffic. Based upon that information Rainesalo located and stopped Lykken's vehicle. Officer Rainesalo observed that Lykken's speech was slurred, that his eyes were bloodshot, and that he smelled of alcohol. At Officer Rainesalo's request Lykken performed certain field sobriety tests, and in Rainesalo's opinion Lykken "failed all tests." Rainesalo then placed Lykken under arrest for DUI.

Prior to trial Lykken moved to suppress the results of a breathalyzer test on the ground that Rainesalo's initial stop was "illegal." The trial court denied the motion to suppress and Lykken was subsequently convicted.

On appeal Lykken asserts that under the circumstances of this case Officer Rainesalo did not have a reasonable basis upon which to make a valid stop of Lykken's vehicle. We disagree.

An officer must have an articulable and reasonable suspicion that a motorist is violating the law in order to make a legal investigative stop of a vehicle. Neset v. North Dakota State Highway Comm'r, 388 N.W.2d 860 (N.D.1986); State v. Placek, 386 N.W.2d 36 (N.D.1986). We employ an objective standard in the determination of the validity of a stop, taking into account inferences and deductions that an investigating officer would make that may elude laypersons. State v. VandeHoven, 388 N.W.2d 857 (N.D.1986). The factual basis for stopping a vehicle need not arise from the officer's personal observations, but may arise by information acquired by the officer from another person. Adams v. Williams, 407 U.S. 143, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972).

In this case we...