State v. Wanzek, 990053
| Court | North Dakota Supreme Court |
| Writing for the Court | PER CURIAM |
| Citation | 1999 ND 163,598 N.W.2d 811 |
| Parties | State of North Dakota, Plaintiff and Appellee v. Kimberly Wanzek, Defendant and Appellant1999 ND 163 IN THE SUPREME COURT STATE OF NORTH DAKOTA Filed |
| Docket Number | 990053 |
| Decision Date | 25 August 1999 |
State of North Dakota, Plaintiff and Appellee
v.
Kimberly Wanzek, Defendant and Appellant
No. 990053
1999 ND 163
IN THE SUPREME COURT STATE OF NORTH DAKOTA
Filed 8/25/99 by Clerk of Supreme Court
Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable Mikal Simonson, Judge.
AFFIRMED.
Opinion of the Court by VandeWalle, Chief Justice.
Frederick R. Fremgen, Assistant State's Attorney, 511 2nd Avenue Southeast, Jamestown, ND 58401, for plaintiff and appellee.
Thomas E. Merrick, Merrick & Mecklenberg Law Firm, P.O. Box 1900, Jamestown, ND 58402-1900, for defendant and appellant. State v. Wanzek
No. 990053
VandeWalle, Chief Justice.
[¶1] Kimberly K. Wanzek appealed from a district court judgment of conviction of possession of a controlled substance. Wanzek argues the trial court erred when it denied her motion to suppress evidence obtained during a search of her vehicle following her arrest. We affirm the conviction.
I
[¶2] Just after midnight on April 20, 1998, Officer Thomas Nagel of the Jamestown Police Department issued a parking ticket to a vehicle located in an alley. A license check revealed the owner of the vehicle, Wanzek, did not have a valid operator's license. As Officer Nagel was issuing a ticket, Wanzek approached. She appeared to have been drinking.
[¶3] About an hour later, Officers Nagel and Deitz were driving northbound and observed Wanzek's vehicle driving in front of their patrol car. The vehicle pulled off the roadway to park in front of an apartment building. The patrol car pulled alongside Wanzek's vehicle. Officer Nagel recognized the driver as Wanzek. Officer Nagel testified at the suppression hearing, "[s]he (Wanzek) looked over at me, looked straight ahead, backed the vehicle up, and exited the vehicle." Officer Nagel then exited the patrol car and made contact with Wanzek at the rear door of her vehicle, on the driver's side. Wanzek was placed under arrest for driving under suspension and driving under the influence of alcohol and placed in the patrol car. At this point, Officer Nagel searched the passenger compartment of the car. He discovered a bag of marijuana in the glove compartment box.
[¶4] Wanzek was charged with possession of a controlled substance in violation of N.D.C.C. §§ 19-03.1-23(6) and 19-03.1-05(5)(t), a class A misdemeanor. Wanzek brought a motion to suppress the evidence found in the glove compartment, contending the search violated her Fourth Amendment rights and rights under Article I, Section 8 of the North Dakota Constitution. Following a hearing, the district court denied Wanzek's motion to suppress. After a trial, the jury found Wanzek guilty of possessing a controlled substance.
[¶5] Our standard of review of a trial court's denial of a suppression motion is well-established:
We will defer to a trial court's findings of fact in the disposition of a motion to suppress. Conflicts in testimony will be resolved in favor of affirmance, as we recognize the trial court is in a superior position to assess credibility of witnesses and weigh the evidence. Generally, a trial court's decision to deny a motion to suppress will not be reversed if there is sufficient competent evidence capable of supporting the trial court's findings, and if its decision is not contrary to the manifest weight of the evidence.
State v. Overby, 1999 ND 47, ¶ 5, 590 N.W.2d 703 (quoting State v. Kitchen, 1997 ND 241, ¶ 11, 572 N.W.2d 106). "While we defer to the trial court's findings of fact, questions of law are fully reviewable." Id.
[¶6] No challenge has been made to the validity of Wanzek's arrest. The only issue before us is the validity of a warrantless search of the passenger compartment of a...
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22 practice notes
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People v. Stehman, 92287.
...arrest was made near the vehicle, although there was no police contact prior to the arrestee exiting the vehicle. See People v. Wanzek, 598 N.W.2d 811, 815 (N.D.1999) (finding search of vehicle driven by defendant who voluntarily exited auto immediately prior to her arrest was valid where d......
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State v. Utvick, 20030103.
...is a question 675 N.W.2d 392 of law." Thieling, 2000 ND 106, ¶ 8, 611 N.W.2d 861. Questions of law are fully reviewable. State v. Wanzek, 1999 ND 163, ¶ 5, 598 N.W.2d 811. On appeal, we review the sufficiency of information before the magistrate independent of the trial court's decision and......
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State v. Heitzmann, 20010017.
...of supporting the trial court's findings, and if its decision is not contrary to the manifest weight of the evidence. State v. Wanzek, 1999 ND 163, ¶ 5, 598 N.W.2d 811 (quoting State v. Overby, 1999 ND 47, ¶ 5, 590 N.W.2d 703). While we defer to the trial court's findings of fact, questions......
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State v. Porter, 24304-1-II.
...United States v. Willis, 37 F.3d 313, 317 (7th Cir.1994); United States v. Franco, 981 F.2d 470, 472-73 (10th Cir.1992); State v. Wanzek, 598 N.W.2d 811 (N.D.1999); People v. Savedra, 907 P.2d 596, 599 (Colo.1995); People v. Bosnak, 262 Ill. App.3d 122, 199 Ill.Dec. 331, 633 N.E.2d 1322, 13......
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22 cases
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People v. Stehman, No. 92287.
...arrest was made near the vehicle, although there was no police contact prior to the arrestee exiting the vehicle. See People v. Wanzek, 598 N.W.2d 811, 815 (N.D.1999) (finding search of vehicle driven by defendant who voluntarily exited auto immediately prior to her arrest was valid where d......
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State v. Utvick, No. 20030103.
...question 675 N.W.2d 392 of law." Thieling, 2000 ND 106, ¶ 8, 611 N.W.2d 861. Questions of law are fully reviewable. State v. Wanzek, 1999 ND 163, ¶ 5, 598 N.W.2d 811. On appeal, we review the sufficiency of information before the magistrate independent of the trial court's decision and......
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State v. Heitzmann, No. 20010017.
...of supporting the trial court's findings, and if its decision is not contrary to the manifest weight of the evidence. State v. Wanzek, 1999 ND 163, ¶ 5, 598 N.W.2d 811 (quoting State v. Overby, 1999 ND 47, ¶ 5, 590 N.W.2d 703). While we defer to the trial court's findings of fact, questions......
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State v. Porter, No. 24304-1-II.
...United States v. Willis, 37 F.3d 313, 317 (7th Cir.1994); United States v. Franco, 981 F.2d 470, 472-73 (10th Cir.1992); State v. Wanzek, 598 N.W.2d 811 (N.D.1999); People v. Savedra, 907 P.2d 596, 599 (Colo.1995); People v. Bosnak, 262 Ill. App.3d 122, 199 Ill.Dec. 331, 633 N.E.2d 1322, 13......
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