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State v. Blagen

Supreme Court of North Dakota

November 21, 2013

STATE of North Dakota, Plaintiff and Appellee
v.
Kyler Joseph BLAGEN, Defendant and Appellant.

Editorial Note:

This decision appears in the reporter in a table titled 'Supreme Court of North Dakota Affirmances by Summary Opinion', published quarterly by rule. See N.D.R.App.P., Rule 35.1

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Steven E. McCullough, Judge.

Kara S. Olson (argued), Assistant State's Attorney, and Benjamin Sand (appeared), third-year law student, under the Rule on Limited Practice of Law by Law Students, Fargo, N.D., for plaintiff and appellee.

Monty G. Mertz, Fargo Public Defender Office, Fargo, N.D., for defendant and appellant.

PER CURIAM.

[¶ 1] Kyler Blagen appeals from a criminal judgment entered after the district court denied his motion to suppress evidence and he entered a conditional guilty plea to possession of marijuana with intent to deliver and possession of drug paraphernalia. Blagen argues the district court erred in denying his motion to suppress because law enforcement did not have reasonable suspicion to stop his vehicle. We summarily affirm the criminal judgment under N.D.R.App.P. 35.1(a)(2) and (7). See State v. Miller, 510 N.W.2d 638, 640-42 (N.D.1994) (discussing tips from known and anonymous persons); City of Dickinson v. Hewson, 2011 ND 187, 803 N.W.2d 814 (officer had reasonable suspicion to justify stop of vehicle based on information reported to police by driver's husband).

[¶ 2] GERALD W. VANDE WALLE, C.J., DANIEL J. CROTHERS, MARY MUEHLEN MARING, CAROL RONNING KAPSNER, and DALE V. SANDSTROM, JJ., concur.


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