Criminal Procedure - Is Reasonable Suspicion Becoming Probable Cause
![handle is hein.journals/nordak69 and id is 1013 raw text is: CRIMINAL PROCEDURE-IS REASONABLE SUSPICION
BECOMING PROBABLE CAUSE?
State v. Sarhegyi, 492 N.W.2d 284 (N.D. 1992)
I. INTRODUCTION
On August 6, 1991, Deputy Mitchell Burris was on routine
patrol in Fargo, North Dakota.' At approximately 1:30 a.m., Burris
noticed a lone vehicle parked among the tractors and combines on
the lot of Case International.2 Case International (Case), a farm
implement dealership, is located in a somewhat isolated area at
the edge of Fargo.'3 The dealership was closed for the night.4
Burris had not seen the car there when he had passed the lot ear-
lier in the evening.' The car's lights were off,6 and Burris was
unable to tell whether there was anyone in the vehicle.7 Con-
cerned that a burglary was in progress, that someone needed help,
or that the car was stolen, Burris drove into the lot to investigate
further.8 As he entered the parking lot, the driver of the car
turned on the car's lights and began to drive off the lot.9 Deputy
Burris activated the flashing red lights of his patrol car and
stopped the vehicle.10 Burris then approached the car and asked
the driver, later identified as Roberta Sarhegyi, for her identifica-
tion.11 Sarhegyi stated that her driver's license was suspended and
gave Burris her name, address, and date of birth.12 When asked
why she was in the parking lot at that hour, Sarhegyi stated that
she needed directions to North Fargo.'3 Believing that Sarhegyi
was intoxicated, Burris administered several field sobriety tests to
1. Transcript of proceedings at 4-5, State v. Sarhegyi, 492 N.W.2d 284 (N.D. 1992) (No.
920031) [hereinafter Transcript].
2. Id. at 5. At trial, Deputy Burris testified that the car could be observed from the
roadway and that there was no indication that an attempt had been made to conceal the car
from the view of passers-by. Id. at 5 and 13-14.
3. Brief of Appellant at 4, State v. Sarhegyi, 492 N.W.2d 284 (N.D. 1992) (No. 920031)
[hereinafter Brief of Appellant].
4. Transcript, supra note 1, at 6.
5. Id.
6. Id.
7. Id. at 13.
8. Id. at 6-7.
9. State v. Sarhegyi, 492 N.W.2d 284, 285 (N.D. 1992). Deputy Burris testified that his
suspicions were further aroused when the vehicle began to leave as he approached.
Transcript, supra note 1, at 10. Deputy Burris testified that when Sarhegyi saw him pull
into the parking lot she immediately turned her car lights on and began to leave the
parking lot. Id. at 7.
10. Transcript, supra note 1, at 7.
11. Sarhegyi, 492 N.W.2d at 285.
12. Transcript, supra note 1, at 7-8.
13. Id. at 8.](ViewImageLocal?handle=hein.journals/nordak69&div=48&collection=&method=preview&ext=.png&size=3)
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Criminal Procedure - Is Reasonable Suspicion Becoming Probable Cause
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