North Dakota v. Fleckenstein

The State appealed a district court order granting Tyler Fleckenstein's motion to suppress. Fleckenstein was charged with driving under the influence of alcohol (third offense). Fleckenstein moved to suppress the blood test. At the motion hearing, only the arresting officer testified. The district court concluded that the consent to the blood test was involuntary and granted the motion to suppress the blood test. The North Dakota Supreme Court determined the district court misapplied the law by ruling Fleckenstein's consent to a blood test was per se involuntary and thus did not consider the totality of the circumstances. The Court reversed the district court's order and remanded for additional findings of fact and a determination of voluntariness on the basis of the totality of the circumstances. View "North Dakota v. Fleckenstein" on Justia Law