State v. Beilke

489 N.W.2d 589, 1992 N.D. LEXIS 179, 1992 WL 197837
CourtNorth Dakota Supreme Court
DecidedAugust 19, 1992
DocketCr. 910408
StatusPublished
Cited by31 cases

This text of 489 N.W.2d 589 (State v. Beilke) 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. Beilke, 489 N.W.2d 589, 1992 N.D. LEXIS 179, 1992 WL 197837 (N.D. 1992).

Opinion

LEVINE, Justice.

Rodney M. Beilke appeals from a county court order denying his motion to suppress evidence obtained after he was arrested by a police officer outside the officer’s municipal jurisdiction. We affirm.

On July 21, 1991, as Beilke was traveling east on Interstate Highway 94 (1-94), a trucker alerted the Valley City police dispatcher of a possibly drunk driver near Valley City on 1-94. The police dispatcher radioed Valley City Police Officer Jonathan Cave that neither the Barnes County Sheriff’s Department nor the State Highway Patrol was able to investigate. Neither agency had requested Cave’s assistance but Cave had been appointed by the Barnes County Sheriff as a permanent special deputy pursuant to NDCC § 11-15-02, infra. Cave told the police dispatcher that he would intercept the vehicle.

Approximately six miles east of Valley City, Cave observed Beilke’s vehicle weaving. Cave activated his lights and siren and stopped the vehicle. He then had Beilke perform field sobriety tests and arrested him. Beilke later submitted to a blood-alcohol test and was charged with driving under the influence.

Beilke moved to suppress all evidence obtained after his arrest, including field sobriety test results, blood-alcohol test results and verbal statements, asserting that the arrest was illegal because Cave’s permanent appointment as a special deputy violated NDCC §§ 40-20-05 and 44-08-20. The county court denied the motion, concluding that Cave was illegally cross-deputized but that he made a valid citizen’s arrest of Beilke. Beilke entered into a conditional plea agreement under N.D.R.Crim.P. 11 and then appealed, questioning the validity of the citizen’s arrest. We requested supplemental argument on the issue of the legality of Cave’s cross-deputization.

On appeal, Beilke argues that NDCC § 11-15-02 does not bestow upon a municipal police officer permanent county-wide jurisdiction. Instead, Beilke argues, NDCC § 11-15-02 only authorizes a sheriff to appoint temporary special deputies for “special occasions or emergency situations while the sheriff is present.” The State counters that NDCC § 11-15-02 authorizes a county sheriff to appoint municipal police officers on a permanent basis to serve anywhere within the county, whenever the sheriff or a regular deputy is unavailable or unable to handle a specific situation.

NDCC § 11-15-02 says:

“The sheriff may appoint and qualify special deputies in such numbers as are required by the conditions. Each special deputy shall receive compensation for services rendered and the same mileage allowance as regular deputies, which must be paid by the county within the limits of funds budgeted for such purpose. The sheriff shall have the sole power of appointing special deputies and may remove them at pleasure.”

Beilke contends that NDCC § 11-15-02 is ambiguous because it does not define “special deputy” or describe a special deputy’s duties and jurisdiction. The State argues that NDCC § 11-15-02 is unambiguous in that it authorizes a sheriff to appoint a municipal police officer as a perma *592 nent special deputy sheriff “as ... required by the conditions.”

The interpretation of a statute is a question of law fully reviewable by this court. Kim-Go v. J.P. Furlong Enterprises, Inc., 460 N.W.2d 694 (N.D.1990). When a statute’s language is clear and unambiguous, the letter of the statute cannot be disregarded under the pretext of pursuing its spirit, as legislative intent is presumed clear from the face of the statute. NDCC § 1-02-05; Flermoen v. Workers’ Compensation Bureau, 470 N.W.2d 220 (N.D.1991); Haider v. Montgomery, 423 N.W.2d 494 (N.D.1988).

In interpreting a statute, we give words their plain, ordinary and commonly understood meaning. NDCC § 1-02-02; State v. Hersch, 445 N.W.2d 626 (N.D.1989). We consider the ordinary sense of statutory words, the context in which they were enacted, and the purpose which prompted the enactment. Coldwell Banker v. Meide & Son, Inc., 422 N.W.2d 375 (N.D.1988).

“Special” is defined as “not general or regular; specific or limited” and “confined to a particular purpose.” Webster’s New World Dictionary of the English Language, 1366 (2nd College Ed.1980); Black’s Law Dictionary 1397 (Rev. 6th ed. 1990). “Deputy” is defined as “a person appointed to act as a substitute for, or as an assistant to another.” Webster at 380. See Bailey v. Clausen, 192 Colo. 297, 557 P.2d 1207 (1976); Evans v. Hardcastle, 339 So.2d 1150 (Fla.App.1976). Thus, a special deputy is one who is appointed by the sheriff to exercise special functions for the purpose of either assisting the sheriff or other deputies when they are in need, or acting in their place when they are unavailable. We conclude that the permanent appointment of a municipal police officer as a “special deputy” to act in a “specific or limited situation,” when a sheriff or regular deputy requires assistance, is consonant with the plain, ordinary and commonly understood meaning of the words “special” and “deputy.” It is also compatible with the purpose of the statute to provide aid to the sheriff under appropriate circumstances.

Beilke reads NDCC § 11-15-02 to limit a sheriffs power to appoint special deputies to cases involving “special occasions or emergency situations while the sheriff is present.” But, there is no such restriction in the statute. Instead, the statute clearly says that a sheriff may “appoint and qualify special deputies in such numbers as are required by the conditions.” The “conditions” that justify and authorize the appointment of a special deputy would include the circumstance that it may be difficult or impossible for a sheriff to perform all of the duties of his or her office in person at all times and in all places. Indeed, in 1983, section 11-15-02 was amended to delete the language that authorized the appointment of special deputies only “[i]n case of any emergency.” 1983 S.L., ch. 151, § 1. 1 When the legislature amends an existing statute, it indicates its intent to change the statute’s meaning in accord with its new terms. E.g., Bostow v. Lundell Mfg. Co., 376 N.W.2d 20 (N.D.1985); Linington v. McLean County, 161 N.W.2d 487 (N.D.1968). The legislature is presumed to act with purpose and not perform useless acts. State Bank of Towner v. Edwards, 484 N.W.2d 281 (N.D.1992).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Discover Bank v. Romanick
2023 ND 172 (North Dakota Supreme Court, 2023)
State v. Moses
2022 ND 208 (North Dakota Supreme Court, 2022)
State v. Mayland
2022 ND 9 (North Dakota Supreme Court, 2022)
State v. Hajicek
2020 ND 231 (North Dakota Supreme Court, 2020)
State v. Pouliot
2020 ND 144 (North Dakota Supreme Court, 2020)
State v. Ngale
914 N.W.2d 495 (North Dakota Supreme Court, 2018)
State v. Wilkie
2017 ND 142 (North Dakota Supreme Court, 2017)
Kroschel v. Levi
2015 ND 185 (North Dakota Supreme Court, 2015)
Great Western Bank v. Willmar Poultry Co.
2010 ND 50 (North Dakota Supreme Court, 2010)
North Dakota Fair Housing Council, Inc. v. Peterson
2001 ND 81 (North Dakota Supreme Court, 2001)
Lawrence v. North Dakota Workers Compensation Bureau
2000 ND 60 (North Dakota Supreme Court, 2000)
Cooke v. University of North Dakota
1999 ND 238 (North Dakota Supreme Court, 1999)
Werlinger v. Champion Healthcare Corp.
1999 ND 173 (North Dakota Supreme Court, 1999)
Graber v. Logan County Water Resource Board
1999 ND 168 (North Dakota Supreme Court, 1999)
Scott v. North Dakota Workers Compensation Bureau
1998 ND 221 (North Dakota Supreme Court, 1998)
Mead v. North Dakota Department of Transportation
1998 ND App 2 (North Dakota Court of Appeals, 1998)
State v. Brossart
1997 ND 119 (North Dakota Supreme Court, 1997)
Glaspie v. Little
1997 ND 108 (North Dakota Supreme Court, 1997)
State v. Graven
530 N.W.2d 328 (North Dakota Supreme Court, 1995)
Heck v. Reed
529 N.W.2d 155 (North Dakota Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
489 N.W.2d 589, 1992 N.D. LEXIS 179, 1992 WL 197837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-beilke-nd-1992.