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STATE v. PIEPER (2022)

Supreme Court of North Dakota.2022-09-29No. No. 20220084

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Opinion

[¶1] Emma Pieper appeals from an amended criminal judgment after entering a conditional plea of guilty to driving under the influence and driving under suspension. On appeal, she argues that the law enforcement officer lacked a reasonable and articulable suspicion to justify the stop of her vehicle, thus violating the Fourth Amendment and the North Dakota Constitution. We conclude the officers observations were sufficient to raise a reasonable and articulable suspicion justifying the traffic stop. Kappel v. Dir., N.D. Dept of Transp., 1999 ND 213, ¶¶ 9-12, 602 N.W.2d 718 (An officer may have reasonable and articulable suspicion after observing “ ‘a series of acts, each of them perhaps innocent in itself, but which taken together warranted further investigation.’ ”). We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (7). Per Curiam.

[¶2] Jon J. Jensen, C.J.

Gerald W. VandeWalle

Daniel J. Crothers

Lisa Fair McEvers

Jerod E. Tufte