State v. Bartelson

2005 ND 172, 704 N.W.2d 824, 2005 N.D. LEXIS 205, 2005 WL 2650092
CourtNorth Dakota Supreme Court
DecidedOctober 18, 2005
Docket20040266
StatusPublished
Cited by10 cases

This text of 2005 ND 172 (State v. Bartelson) 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
State v. Bartelson, 2005 ND 172, 704 N.W.2d 824, 2005 N.D. LEXIS 205, 2005 WL 2650092 (N.D. 2005).

Opinions

KAPSNER, Justice.

[¶ 1] Brent Bartelson appeals from a criminal judgment entered on a conditional plea of guilty for possessing marijuana with the intent to deliver, reserving his right to review a denial of his motion to [826]*826suppress the marijuana found in his car. Bartelson claims the marijuana was unconstitutionally seized as a result of an “extremely pretextual” stop. We conclude the district court properly refused to suppress the marijuana obtained from a search of Bartelson’s vehicle, and therefore, affirm the criminal judgment of the district court.

I.

[¶ 2] Around 3:30 p.m., Bartelson was stopped on Highway 83 south of Minot and cited for a tinted window violation by Officer Pat Hudson. An anonymous caller informed the Ward County Sheriffs Office that a vehicle stopped south of Minot on Highway 83 contained a large amount of marijuana. After investigation, Agent Michael Marchus learned that Officer Pat Hudson had recently stopped Bartelson on Highway 83. Marchus knew from previous intelligence that Bartelson transported large amounts of marijuana from Colorado in his vehicle. Marchus learned this information during a federal debriefing when he was informed that an individual known as “Bart” drove a Mazda with the license plate number GRR 105 to transport drugs. Marchus ran the number and discovered the vehicle was registered to Brent Bartelson. Marchus also knew, from two separate sources, that a large amount of marijuana had recently been stolen from Bartelson’s home. Marchus asked Officers Pat Hudson and Kevin Huston to help in the search for Bartelson’s Mazda.

[¶ 3] Traveling in an unmarked vehicle, Marchus was the first officer to locate Bartelson’s car. Marchus followed Bartel-son for a few miles until Officer Kevin Huston caught up to him, followed by Officer Pat Hudson. Approximately forty-two minutes after Bartelson was first stopped by Officer Pat Hudson, Officer Kevin Huston passed Marchus and stopped Bartel-son’s vehicle. Marchus, Hudson, and three other task force officers also arrived at the scene.

[¶ 4] Bartelson explained to the officer that he had just been pulled over for the same tinted window violation. Officer Kevin Huston then went back to his police car to issue a written warning for the violation. As Officer Kevin Huston was writing out the warning, Marchus approached Bartelson and asked if he could search his vehicle. Marchus testified Bar-telson gave his consent to search the vehicle during the stop. A video recording of the stop shows Bartelson assisting the officers with the search.

[¶ 5] When the search began, Officer Pat Hudson checked the driver’s license of Bartelson’s passenger, Lance Cotton. Cotton was arrested for possession of a suspended license. While searching the vehicle, law enforcement found marijuana in the passenger compartment of the car. Bartelson was arrested for possession of marijuana with intent to deliver. Bartel-son moved to suppress the evidence, arguing the stop and resulting search were unconstitutional. The trial court denied the motion. Bartelson conditionally pled guilty, reserving his right to appeal.

II.

[¶ 6] On appeal, Bartelson argues the trial court erred in denying his motion to suppress because the stop of his vehicle was unconstitutional. The State argues the stop was constitutional because the officer had reasonable articulable suspicion that Bartelson was committing a tinted window violation. The State argues whether the stop was pretextual is irrelevant because the officer had observed a traffic violation.

[¶ 7] When reviewing the denial of a suppression motion, we defer to the trial court’s findings of fact. State v. Kitchen, 1997 ND 241, ¶ 11, 572 N.W.2d [827]*827106. Although we defer to the trial court’s findings of fact, questions of law are fully reviewable. State v. Overby, 1999 ND 47, ¶ 5, 590 N.W.2d 703. The trial court determined:

Trooper Huston had a valid basis to stop of [sic] Bartelson’s vehicle on the date and time in question. Trooper Huston observed that Bartelson’s vehicle had tinted windows in violation of N.D.C.C. § 39-21-39. That Trooper Huston had been asked by Agent Marehus to locate and stop the described vehicle based on the anonymous tip Marehus had received does not vitiate the reasonableness or validity of the stop.

[¶ 8] The Fourth Amendment of the United States Constitution and Article I, § 8 of the North Dakota Constitution guarantee “[t]he right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.” The United States Supreme Court has stated:

Temporary detention of individuals during the stop of an automobile by the police, even if only for a brief period and for a limited purpose, constitutes a “seizure” of “persons” within the meaning of [the Fourth Amendment]. An automobile stop is thus subject to the constitutional imperative that it not be “unreasonable” under the circumstances. As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred.

Whren v. United States, 517 U.S. 806, 809-10, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996) (citations omitted). Traffic violations, even if pretextual, provide the requisite probable cause to conduct an investigatory vehicle stop. State v. Loh, 2000 ND 188, ¶ 10, 618 N.W.2d 477. Under Whren, a police officer’s subjective intentions in making a stop are not important as long as a traffic violation has occurred. Whren, 517 U.S. at 813, 116 S.Ct. 1769. As we have noted, “a party ‘is going to have difficulty in using subjective motive to attack an arrest which is otherwise objectively justified by probable cause.’ ” State v. Gregg, 2000 ND 154, ¶ 46, 615 N.W.2d 515 (citing Holland v. City of Portland, 102 F.3d 6, 11 (1st Cir.1996)).

[¶ 9] After learning Officer Pat Hudson had recently stopped Bartelson on Highway 83, Marehus requested Officer Kevin Huston’s help to locate and stop Bartel-son’s vehicle because Marehus had information that Bartelson might be transporting illegal drugs. Officer Kevin Huston testified he observed a black vehicle with tinted windows in violation of N.D.C.C. § 39-21-39. Officer Kevin Huston testified he probably would not have stopped a vehicle for the same violation, at that time, if the vehicle did not match the vehicle description given to him by Marehus. But under Whren, an officer’s subjective intent is not relevant in determining probable cause. Whren, 517 U.S. at 813, 116 S.Ct. 1769.

[¶ 10] In Whren, the United States Supreme Court held that an officer’s actual motivation for initiating a traffic stop did not affect the constitutional reasonableness of a stop based on probable cause. Id. While patrolling a high drug area, plain clothed officers became suspicious of a truck at a stop sign with temporary license plates and young occupants. Id. at 808, 116 S.Ct. 1769. The truck remained at the stop sign for an unusually long time, turned suddenly without signaling, and sped off at an “unreasonable” speed. Id. The officers stopped the vehicle, and large quantities of illegal drugs were found. Id. at 808-09, 116 S.Ct. 1769.

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State v. Bartelson
2005 ND 172 (North Dakota Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
2005 ND 172, 704 N.W.2d 824, 2005 N.D. LEXIS 205, 2005 WL 2650092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bartelson-nd-2005.