CITY OF LINCOLN v. MCCORKELL (2021)

[¶1] Larry McCorkell appeals from a criminal judgment after he entered a conditional guilty plea for driving under suspension. McCorkell argues the district court erred by denying his motion to suppress for a violation of his rights under the Fourth Amendment to the United States Constitution. McCorkell claims the arresting officer did not have reasonable suspicion to conduct a traffic stop because N.D.C.C. § 39-10-38 does not require a driver to use a turn signal when exiting a roundabout, and the evidence of McCorkell's driving under suspension is fruit of the poisonous tree.

[¶2] We addressed McCorkell's arguments in City of Lincoln v. Schuler, 2021 ND 123, ¶¶ 10-11, 962 N.W.2d 413. We conclude the officer had reasonable suspicion to make the stop, and the district court did not err in denying McCorkell's motion to suppress. The criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Per Curiam.

[¶3] Jon J. Jensen, C.J. Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Cherie L. Clark, D.J.[¶4] The Honorable Cherie L. Clark, D.J., sitting in place of VandeWalle, J., disqualified.