City of Grand Forks v. Reilly

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Not all communications between law enforcement and citizens implicate the Fourth Amendment: an officer running to get ahead of a person, without any threatening or coercive conduct, does not constitute a show of authority escalating a casual encounter into a seizure; the presence of two officers, in and of itself, does not constitute a show of authority escalating a casual encounter into a seizure. Kevin Reilly appealed a criminal judgment entered after conditionally pleading guilty to having actual physical control of a vehicle while under the influence of alcohol. Grand Forks Police Corporal Robert Buelow and Officer Daniel Essig received a call from dispatch of a possible drunk driver. The officers located the vehicle, parked with its headlights on, at the apartment building of the vehicle's registered owner. Buelow attempted to get his attention by saying, "Excuse me, sir," but Reilly kept walking towards the apartment door. Buelow ran ahead of Reilly to meet him on the sidewalk. Buelow did not know whether Reilly was intentionally ignoring him. Buelow took the license, and after identifying Reilly brought him to the squad car for field sobriety tests. Reilly was charged with having actual physical control of a vehicle while under the influence of alcohol. Reilly reserved the right to appeal the district court's denial of his motion to suppress evidence and dismiss his case. Reilly argues the district court erred in denying his motion by ruling the stop was a casual encounter and did not violate his Fourth Amendment rights. Finding no reversible error, the North Dakota Supreme Court affirmed. View "City of Grand Forks v. Reilly" on Justia Law