North Dakota v. Lark

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In 2016, a Ward County North Dakota Narcotics Task Force Officer observed a black Dodge Charger traveling east bound in the west bound lane near 36th Avenue NE in Minot. A Minot police officer initiated a traffic stop for the traffic violation; the task force officer was traveling in an unmarked patrol vehicle. The Charger continued for a few blocks before coming to a stop. Neither the State nor Dustin Lark disputed Lark was lawfully stopped when he was pulled over for driving in the wrong lane. Lark was arrested for unlawful possession of a schedule III drug with intent to deliver. Lark filed a motion to suppress evidence of items found during that stop. The State opposed the motion. The district court held a hearing on the suppression motion at which one of the officers testified. Both parties questioned the officer and filed post-hearing briefs. The district court granted Lark's motion to suppress. The district court found the initial search was permissible under the automobile exception; however, the district court also found probable cause ceased to exist after receiving the inconclusive field test results of suspected crack cocaine. The North Dakota Supreme Court reversed, finding the district court erred when it determined probable cause to search ceased upon receiving the inconclusive drug test result without considering the totality of the circumstances in an objective manner. View "North Dakota v. Lark" on Justia Law