State v. Mayer
Case Date: 06/26/2008
Docket No: 20080046
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State v. MayerNo. 20080046 Per Curiam. [¶1] Frederick William Mayer appeals from a criminal judgment entered on a conditional plea of guilty to charges of possessing marijuana, methamphetamine, and drug paraphernalia. Mayer argues the district court erred in denying his motion to suppress evidence because law enforcement officers did not have a warrant or a reasonable and articulable suspicion that he was engaged in criminal activity when they first encountered him, and because he did not voluntarily waive his rights under Miranda v. Arizona, 384 U.S. 436 (1966), before making incriminating statements. We conclude Mayer was not seized within the context of the Fourth Amendment when the law enforcement officers approached and questioned him, see, e.g., Brewer v. Ziegler, 2007 ND 207, ¶ 19, 743 N.W.2d 391; State v. Guscette, 2004 ND 71, ¶ 8, 678 N.W.2d 126, and the court's determination that Mayer voluntarily waived his Miranda rights is not manifestly against the weight of the evidence. See State v. Carlson, 318 N.W.2d 308, 311 (N.D. 1982). We affirm the criminal judgment under N.D.R.App.P. 35.1(a)(3) and (7). [¶2] Gerald W. VandeWalle, C.J. |