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Deanne M. BREKHUS, Appellee v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Appellant

North Dakota Supreme Court2018-04-10No. No. 20170296
909 N.W.2d 113

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Opinion

majority opinion

Per Curiam.

[¶ 1] The North Dakota Department of Transportation appeals from the district courts judgment reversing an administrative hearing officers decision revoking Deanne M. Brekhuss driving privileges for 180 days.

[¶ 2] The administrative hearing officer found law enforcement had reason to believe Brekhus committed a moving traffic violation and Brekhus refused to submit to either on-site screening or chemical tests. The district court reversed, concluding the evidence presented at the administrative hearing was obtained in violation of Brekhuss constitutional rights. The Department appealed, arguing the evidence was obtained under the hot pursuit exception to the warrant requirement. We agree, concluding City of Bismarck v. Brekhus , 2018 ND 84, ¶ 27, 908 N.W.2d 715, controls in this appeal. There, we held the officers warrantless, limited entry into Brekhuss open garage while in hot pursuit was constitutionally reasonable. We summarily reverse the judgment under N.D.R.App.P. 35.1(b) and reinstate the administrative order. [¶ 3] Gerald W. VandeWalle, C.J.

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen

Jerod E. Tufte