{"id":50136,"date":"2021-11-02T09:37:53","date_gmt":"2021-11-02T14:37:53","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50136"},"modified":"2021-11-03T14:25:07","modified_gmt":"2021-11-03T19:25:07","slug":"nd-federal-tribal-dtf-officer-could-stop-suspected-dui-on-state-highway","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=50136","title":{"rendered":"ND: Federal tribal DTF officer could stop suspected DUI on state highway"},"content":{"rendered":"\n<p>\u201cIn light of the Supreme Court&#8217;s decision in Cooley, we conclude the federal law enforcement officer working as an agent for the tribal drug enforcement agency had jurisdiction to detain Suelzle for a reasonable time while awaiting a state officer and affirm the district court&#8217;s denial of his motion to suppress related to his detention by the federal law enforcement officer.\u201d Defendant was stopped for weaving and suspicion of DUI. <a href=\"https:\/\/www.ndcourts.gov\/supreme-court\/opinion\/2021ND194\">State v. Suelzle<\/a>, 2021 ND 194, 2021 N.D. LEXIS 194 (Oct. 28, 2021).<\/p>\n\n\n\n<p>There was justification for an impoudment of defendant\u2019s car; thus the inventory search was reasonable. The alleged threat to arrest defendant for not producing a key to the glove box was rejected because there was justification for arrest already for something else and the search. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2021\/2021-Ohio-3844.pdf\">State v. Atkinson<\/a>, 2021-Ohio-3844, 2021 Ohio App. LEXIS 3758 (2d Dist. Oct. 29, 2021).*<\/p>\n\n\n\n<p>The officers had probable cause to stop defendant for a traffic offense, regardless of their pretextual motive to investigate drug crimes. Ordering defendant out of the car was reasonable, and then the bulge of a gun was seen. United States v. Hill, 2021 U.S. Dist. LEXIS 209302 (N.D.Ill. Oct. 29, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cIn light of the Supreme Court&#8217;s decision in Cooley, we conclude the federal law enforcement officer working as an agent for the tribal drug enforcement agency had jurisdiction to detain Suelzle for a reasonable time while awaiting a state officer &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=50136\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[39,86,35],"tags":[],"class_list":["post-50136","post","type-post","status-publish","format-standard","hentry","category-inventory","category-pretext","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50136","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=50136"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50136\/revisions"}],"predecessor-version":[{"id":50165,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50136\/revisions\/50165"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50136"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50136"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50136"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}