|9:30am||Tuesday, March 21, 2017|
Caleb Wesley Junas, Appellant
Director, North Dakota Department of Transportation, Appellee
|Appeal from:||South Central Judicial District, Morton County, Judge Bruce A. Romanick, 30-2016-CV-00597|
|Nature of Action:||Transportation Dept.|
Appellant's Statement of the Issues:|
I. The order is in violation of the constitutional rights of the appellant. Junas was seized and searched, without just cause, when the deputy handcuffed Junas and locked him in the backseat of his patrol vehicle and then had Junas open his mouth for inspection. This violated the Fourth Amendment to the United States Constitution and Article I, Section 8 of the North Dakota Constitution.
II. The order is in violation of the constitutional rights of the appellant. Mr. Junas did not voluntarily consent to the preliminary breath test in this case. Accordingly, the illegally-secured preliminary breath test should not be considered by this Court in assessing probable cause and, without the test, there was no probable cause to arrest Junas.
III. The order is in violation of the constitutional rights of the appellant. Mr. Junas did not voluntarily consent to the blood test in this case and, therefore, the warrantless search was performed without any exception to the warrant requirement, in violation of the Fourth Amendment to the United States Constitution and Article I, Section 8 of the North Dakota Constitution. Consequently, the blood test evidence should have been excluded
IV. The hearing officer's decision is without substantial justification and is so starkly in contravention of North Dakota law and federal law as to warrant the imposition of attorney's fees and costs as allowed by N.D.C.C. 28-32-50.
Appellee's Statement of the Issues:
 The temporary investigative detention of Junas did not constitute a "de facto" arrest and Junas was not unlawfully seized prior to Deputy Carlson having sufficient grounds to arrest Junas for driving under the influence.
 Junas voluntarily consented to the preliminary breath test and Deputy Carlson had probable cause to arrest Junas for driving under the influence.
 There is no exclusionary rule in the context of an administrative driver's license proceeding under this Court's recent opinion Beylund v. Levi, 2017 ND 30, and it is immaterial whether the recitation of the partially inaccurate implied consent advisory rendered Junas' consent to the blood test involuntary.
 The hearing officer's decision was correct and Junas failed to show he was entitled to an award of attorney's fees under N.D.C.C. 28-32-50.
Appellant Brief 1
Appellee Brief 1
Reply Brief 1
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Generated from Supreme Court Docket on 03/31/2017