The North Dakota Supreme Court voted 3-2 last week to reverse North Central District Court Judge Doug Mattson’s refusal to suppress evidence in a DUI case.

According to court documents, defendant Michael Anthony Boger was stopped by a Minot police officer on Nov. 24, 2019. The officer said the rear license plate on Boger’s car was not illuminated. Boger argued in court that the officer’s own body camera footage clearly showed that the license plate actually was illuminated.

The officer claimed that it only looked illuminated because of the reflection of the lights from the police squad car and a nearby gas station. Mattson denied Boger’s motion to suppress evidence in the case and Boger then entered a conditional guilty plea to driving under the influence, his third offense within seven years, with the understanding that he would be able to withdraw his plea if the Supreme Court ruled in his favor on the appeal.

Chief Justice Jon Jensen and Justices Daniel Crothers and Jerod Tufte all ruled that the body camera video footage clearly shows that Boger’s license plate was illuminated and the officer did not have probable cause to stop the vehicle, so the evidence must be suppressed. Justices Lisa Fair McEvers and Gerald VandeWalle dissented and said the officer had a reasonable suspicion to make the stop, even if it turned out to be mistaken, and they would have upheld Mattson’s ruling.

The case will be sent back to the district court to allow Boger to withdraw his guilty plea to the charge.