from the District Court of Grand Forks County, Northeast
Central Judicial District, the Honorable Jon J. Jensen,
Hinds (argued), third-year law student, under the Rule on
Limited Practice of Law by Law Students, Carmell F. Mattison
(appeared), Grand Forks, ND, for plaintiff and appellee.
N. Ogren, Grand Forks, ND, for defendant and appellant.
1] Todd Wilkie appeals a criminal judgment after
conditionally pleading guilty to reckless endangerment,
fleeing or attempting to elude a peace officer and driving
under suspension, reserving the right to appeal the denial of
his motion to suppress evidence and dismiss the case. Wilkie
argues the district court erred in determining the University
of North Dakota police officer had jurisdiction to initiate a
traffic stop. We affirm.
2] In August 2016 UND police officer Anthony Thiry was
traveling east on Gateway Drive when he saw a vehicle
traveling east on the 3000 block of Gateway Drive at a fast
rate of speed and exhibiting erratic driving behavior.
Officer Thiry checked the vehicle's license plate and
discovered the owner, Wilkie, had a suspended drivers
license. The vehicle driver matched Wilkie's description.
According to Officer Thiry, he activated his overhead lights
attempting to stop Wilkie before he entered the intersection
of Gateway Drive and North Columbia Road.
3] According to Officer Thiry the vehicle continued traveling
eastbound through the intersection, turned sharply into the
parking lot of a business, ran a stop sign and accelerated to
about 76 miles per hour. The vehicle eventually was disabled
after hitting a median on Washington Street. Wilkie fled by
foot and was apprehended by law enforcement. Wilkie was
charged with reckless endangerment, fleeing or attempting to
elude a peace officer, leaving the scene of an accident and
driving under suspension.
4] Wilkie filed a motion to suppress evidence and dismiss the
case, arguing Officer Thiry lacked jurisdiction to stop him.
After a hearing the district court entered an order finding
Officer Thiry was within the UND police department's
jurisdiction and had official capacity and power to arrest
Wilkie because UND owns the property encompassing the
eastbound lane of Gateway Drive. The district court further
determined Officer Thiry was in hot pursuit of Wilkie when
Wilkie did not stop his vehicle within UND police
department's jurisdiction. Wilkie conditionally pled
guilty, reserving his right to appeal the denial of his
motion to suppress evidence and dismiss the case. Wilkie
5] Wilkie argues the district court erred by denying his
motion to suppress evidence and dismiss his case. Wilkie
contends Officer Thiry was outside of UND police
department's jurisdiction when attempting to initiate a
traffic stop. This Court's review of a district
court's decision denying a motion to suppress is well
"[T]his Court defers to the district court's
findings of fact and resolves conflicts in testimony in favor
of affirmance. This Court will affirm a district court
decision regarding a motion to suppress if there is
sufficient competent evidence fairly capable of supporting
the district court's findings, and the decision is not
contrary to the manifest weight of the evidence. Questions of
law are fully reviewable on appeal, and whether a finding of
fact meets a legal standard is a question of law."
State v. Knox, 2016 ND 15, ¶ 6, 873 N.W.2d 664
(quoting State v. Bauer, 2015 ND 132, ¶ 4, 863
N.W.2d 534). III
6] As a general rule a police officer acting outside his
jurisdiction "is without official capacity and without
official power to arrest." Kroschel v. Levi,
2015 ND 185, ¶ 7, 866 N.W.2d 109 (quoting Johnson v.
Dep't of Transp., 2004 ND 148, ¶ 10, 683 N.W.2d
886). Section 15-10-17(2), N.D.C.C., permits the state board
of higher education to "[a]uthorize the employment of
law enforcement officers having concurrent jurisdiction with
other law enforcement officers to enforce laws and