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State of North Dakota v. Lowell Lee Baesler

December 24, 2012

STATE OF NORTH DAKOTA,
PLAINTIFF AND APPELLEE
v.
LOWELL LEE BAESLER, DEFENDANT AND APPELLANT



Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Gail H. Hagerty, Judge.

Per curiam.

N.D. Supreme CourtState v. Baesler, 2012 ND 262

This opinion is subject to petition for rehearing. [Go to Documents]

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AFFIRMED.

Per Curiam.

[¶1] Lowell Baesler appeals from a district court judgment entered after he conditionally pled guilty to possession of a controlled substance and possession of drug paraphernalia. On appeal, Baesler argues law enforcement did not have reasonable suspicion to detain him after the initial reason for the investigative stop ended; therefore, the drug dog's alert to narcotics could not be used to establish probable cause to search his vehicle. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

[¶2] Gerald W. VandeWalle, C.J. Carol Ronning Kapsner Mary Muehlen Maring Daniel J. Crothers John C. McClintock, Jr., D.J.

[¶3] The Honorable John C. McClintock, Jr., D.J., sitting in place of Sandstrom, J., disqualified.

20121224

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