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State v. Tosseth

Supreme Court of North Dakota

October 28, 2014

State of North Dakota, Plaintiff and Appellee
v.
Colby James Tosseth, Defendant and Appellant

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.

Christine H. McAllister, Assistant State's Attorney, and Julie A. Lawyer, Assistant State's Attorney, Bismarck, ND, for plaintiff and appellee; submitted on brief.

Kelsey L. Gentzkow, Grand Forks, ND, for defendant and appellant; submitted on brief.

Gerald W. VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner.

OPINION

Per Curiam.

[¶1] Colby Tosseth appealed from a criminal judgment entered upon a conditional guilty plea to possession of marijuana with intent to deliver after the district court denied his motion to suppress evidence. Tosseth argues the district court erred in denying his motion to suppress because law enforcement lacked reasonable suspicion to a continued seizure. We conclude the district court did not err in denying the motion to suppress. There was sufficient, competent evidence to support the district court's determination Tosseth was seized, and sufficient, competent evidence that law enforcement had reasonable and articulable suspicion of criminal activity. We summarily affirm under N.D.R.App.P. 35.1(a)(2), (4) and (7). See State v. Heitzmann, 2001 ND 136, ¶ 19, 632 N.W.2d 1 (officer had reasonable suspicion to investigate further when a passenger fled during the continuing processing of a traffic investigation); State v. Franzen, 2010 ND 244, ¶ 8, 792 N.W.2d 533 (the investigative detention may continue as long as reasonably necessary to complete law enforcement duties and issue a warning or citation).

[¶2] Gerald W. VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner


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