Johnson v. Sprynczynatyk

2006 ND 137, 717 N.W.2d 586, 2006 N.D. LEXIS 144, 2006 WL 1771097
CourtNorth Dakota Supreme Court
DecidedJune 29, 2006
Docket20050449
StatusPublished
Cited by10 cases

This text of 2006 ND 137 (Johnson v. Sprynczynatyk) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Sprynczynatyk, 2006 ND 137, 717 N.W.2d 586, 2006 N.D. LEXIS 144, 2006 WL 1771097 (N.D. 2006).

Opinions

VANDE WALLE, Chief Justice.

[¶ 1] Robert Johnson was arrested for driving under the influence of alcohol. At an administrative hearing, the hearing officer suspended Johnson’s driving privileges for 91 days. Johnson appealed to the district court and the district court reversed the suspension and reinstated Johnson’s driving privileges. The Director of the North Dakota Department of Transportation (DOT) appealed the district court’s decision asking that the district court decision be reversed and the hearing officer’s decision reinstated. We affirm.

I

[¶ 2] At the administrative hearing, Officer Ian Wise testified that on August 30, 2005, at approximately 12:43 a.m., he was patrolling in his squad car, traveling at the posted speed limit of 25 miles per hour, when he began to rapidly approach a vehicle driving in front of him. Officer Wise testified he paced the vehicle and determined the vehicle was traveling 8-10 miles per hour in the 25 mile per hour zone. After determining the vehicle’s approximate speed and following the vehicle for two blocks, Officer Wise stopped the vehicle based on its slow speed. Officer Wise’s testimony indicated he observed no erratic driving or other indications of suspicious behavior from the driver of the vehicle.

[¶ 3] Officer Wise testified that when he approached the vehicle he smelled the odor of alcohol and noticed the driver’s eyes were bloodshot. Officer Wise testified the driver, Johnson, admitted to consuming two alcoholic beverages. Officer [588]*588Wise testified he had Johnson perform five field sobriety tests and Johnson failed all five. Based on his observations and testing, Officer Wise arrested Johnson for driving under the influence of alcohol.

[¶ 4] The hearing officer found that traveling 8-10 miles per hour in a 25 mile per hour zone is inordinately slow, sufficiently erratic to warrant further investigation, and based on Officer Wise’s training and experience, it was reasonable for him to stop Johnson’s vehicle. The hearing officer suspended Johnson’s driving privileges for 91 days.

[¶ 5] The district court reversed the hearing officer’s decision finding the arresting officer did not have the requisite reasonable and articulable suspicion to stop Johnson’s vehicle for traveling 8-10 miles per hour in a 25 mile per hour zone. The district court reinstated Johnson’s driving privileges. On appeal, the DOT argues Officer Wise had sufficient reasonable and articulable suspicion to stop Johnson’s vehicle and therefore the stop was justified and the hearing officer’s decision suspending Johnson’s driving privileges should be reinstated.

II

[¶ 6] “Judicial review of a decision to suspend a driver’s license is governed by the Administrative Agencies Practice Act, N.D.C.C. ch. 28-32.” Anderson v. Director, N.D. Dept. of Trans., 2005 ND 97, ¶ 6, 696 N.W.2d 918. “Under N.D.C.C. § 28-32-46, the district court must affirm an order of an administrative agency unless it finds any of the following are present:

1. The order is not in accordance with the law.
2. The order is in violation of the constitutional rights of the appellant.
3. The provisions of this chapter have not been complied with in the proceedings before the agency.
4. The rules or procedure of the agency have not afforded the appellant a fair hearing.
5. The findings of fact made by the agency are not supported by a preponderance of the evidence.
6. The conclusions of law and order of the agency are not supported by its findings of fact.
7. The findings of fact made by the agency do not sufficiently address the evidence presented to the agency by the appellant.
8. The conclusions of law and order of the agency do not sufficiently explain the agency’s rationale for not adopting any contrary recommendations by a hearing officer or an administrative law judge.”

Id. “On an appeal from a district court’s ruling on an administrative appeal, our Court reviews the agency’s order in the same manner.” Id. at ¶ 7.

[¶ 7] “Under the Fourth Amendment of the United States Constitution, police may, in appropriate circumstances and in an appropriate manner, detain an individual for investigative purposes when there is no probable cause to make an arrest if a reasonable and articulable suspicion exists that criminal activity is afoot.” See id. at ¶ 8 (citing Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)).

[¶ 8] This Court has “discussed three situations that provide an officer reasonable and articulable suspicion to stop a vehicle: (1) when the officer relied on a directive or request for action from another officer; (2) when the officer received tips from other police officers or informants, which were then corroborated by [589]*589the officer’s own observations; and (3) when the officer directly observed illegal activity.” Anderson, 2005 ND 97, ¶ 9, 696 N.W.2d 918. The DOT argues the activity observed by Officer Wise, a vehicle traveling 8-10 miles per hour in a 25 mile per hour zone, was enough, by itself, to provide reasonable and articulable suspicion to stop the vehicle.

[¶ 9] “The reasonable suspicion standard must be objective and is based on the totality of the circumstances.” Kappel v. Director, N.D. Dept. of Trans., 1999 ND 213, ¶ 7, 602 N.W.2d 718. Reasonable suspicion to justify a stop is present when a reasonable person in the officer’s position would be justified by some objective manifestation to suspect potential criminal activity. Id. “The reasonable suspicion standard is not as exacting as the probable cause standard.” Id. “Nevertheless, a mere hunch illegal activity is taking place is not enough to justify the detention of a motorist.” Id. “An investigative stop of a moving vehicle must be justified by some objective manifestation that the person stopped is, or is about to be, engaged in criminal activity, and mere curiosity, suspicion, vague hunches, or other non-objective facts will not suffice.” Salter v. N.D. Dept. of Trans., 505 N.W.2d 111, 114 (N.D.1993). “The mere fact that a driver is traveling at a slower than usual speed on a roadway does not by itself create a reasonable suspicion of driving under the influence of alcohol or of other illegal activity.” State v. Brown,, 509 N.W.2d 69, 71 (N.D.1993).

Ill

[¶ 10] In this case there is no evidence of erratic driving, sharp veering, or any of the other factors present in prior cases. The DOT concedes there was no minimum speed limit on the road where Johnson was stopped. However, the DOT argues the speed of Johnson’s vehicle was so slow that it was impeding traffic in violation of N.D.C.C. § 39-09-09(1), and Officer Wise had a reasonable and articula-ble suspicion to stop Johnson’s vehicle because Johnson was violating that statute.

[¶ 11] N.D.C.C. § 39-09-09(1) provides:

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Johnson v. Sprynczynatyk
2006 ND 137 (North Dakota Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
2006 ND 137, 717 N.W.2d 586, 2006 N.D. LEXIS 144, 2006 WL 1771097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-sprynczynatyk-nd-2006.