State v. Phelps

¶1Filed 6/30/16 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72016 ND 125

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¶11State of North Dakota, Plaintiff and Appellant

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¶13v.

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¶15Terri Phelps, Defendant and Appellee

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¶19No. 20160004

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¶23Appeal from the District Court of McLean County, South Central Judicial District, the Honorable John W. Grinsteiner, Judge.

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¶25REVERSED.

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¶27Per Curiam.

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¶29Ladd R. Erickson, McLean County State’s Attorney, P.O. Box 1108, Washburn, N.D. 58577-1108, for plaintiff and appellant; on brief.

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¶31Danny L. Herbel, The Regency Business Center, 3333 East Broadway Avenue, Suite 1205, Bismarck, N.D. 58501, for defendant and appellee; on brief.

¶32State v. Phelps

¶33No. 20160004

¶34

¶35Per Curiam.

¶36[¶1] The State appeals after the district court suppressed evidence from the traffic stop and DUI arrest of Terri Phelps.  The district court found there is no statutory requirement for a driver to signal when turning out of an alley and therefore the officers did not have a reasonable basis to stop Phelps.  The State argues the district court misinterpreted the law and should not have suppressed the evidence.  We agree, concluding State v. Hirschkorn, 2016 ND 117, is dispositive of this appeal.  We summarily reverse under N.D.R.App.P. 35.1(b), concluding the district court should not have suppressed the evidence in this case.

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Dale V. Sandstrom

¶39Carol Ronning Kapsner

¶40Lisa Fair McEvers

¶41Daniel J. Crothers