[¶ 19] Similar to section 44–08–24, section 44–08–20, N.D.C.C., authorizes peace officers responding to requests from other law enforcement agencies to provide aid and assistance outside their normal jurisdiction. See State v. Graven, 530 N.W.2d 328 (N.D.1995); State v. Beilke, 489 N.W.2d 589 (N.D.1992). Section 44–08–20, N.D.C.C., gives “[p]eace officers employed by a law enforcement agency within the state [ ] the power of a peace officer” to respond to requests from other law enforcement agencies or officers for aid and assistance in “a particular and singular violation or suspicion of violation of law.
State v. Smith, 2005 ND 21, ¶ 11, 691 N.W.2d 203. A law enforcement "officer must have a reasonable and articulable suspicion that [a driver] has violated or is violating the law" before making an investigative stop. State v. Graven, 530 N.W.2d 328, 330 (N.D. 1995). "[M]ere curiosity, suspicion, vague hunches, or other non-objective facts will not suffice." State v. Johnson, 2006 ND 248, ¶ 9, 724 N.W.2d 129.
We affirm a trial court's decision on a motion to suppress unless, after resolving conflicting evidence in favor of affirmance, we conclude there is insufficient competent evidence to support the decision, or unless we conclude the decision goes against the manifest weight of the evidence. State v. Graven, 530 N.W.2d 328, 329 (N.D. 1995). While we defer to the trial court's findings of fact, questions of law are fully reviewable. State v. Zimmerman, 529 N.W.2d 171, 173 (N.D. 1995); see also State v. Ova, 539 N.W.2d 857 (N.D. 1995).
[¶10] In State v. Graven , an anonymous tip by a truck driver was transmitted over state radio that a driver might be under the influence of alcohol. 530 N.W.2d 328, 329 (N.D. 1995). Both a highway patrolman and the Casselton chief of police heard the transmission and proceeded to the reported location. Id.
[¶ 10] This Court has also recognized that city police officers have jurisdiction to stop vehicles and arrest individuals outside of their geographical jurisdiction when responding to requests from another law enforcement agency for aid and assistance. See State v. Graven, 530 N.W.2d 328, 330 (N.D. 1995) (holding that although officer's observation and stop of the defendant's vehicle occurred outside of the officer's geographical jurisdiction, the officer still had jurisdiction where the officer was requested by a state trooper to stop the suspect's vehicle). See also N.D.C.C. § 44-08-20(3) (stating, "Peace officers employed by a law enforcement agency within the state have the power of a peace officer . . . [w]hen responding to requests from other law enforcement agencies or officers for aid and assistance."); Mead v. North Dakota Dep't of Transp., 1998 ND App 2, ¶ 12, 581 N.W.2d 145 (holding peace officer who responded to a request from another law enforcement agency for assistance had authority to complete the investigation and make an arrest).
[¶ 8] The trial court's disposition of a motion to suppress will not be reversed if, after conflicts in the testimony are resolved in favor of affirmance, there is sufficient competent evidence fairly capable of supporting the trial court's findings, and the decision is not contrary to the manifest weight of the evidence. City of Fargo v. Thompson, 520 N.W.2d 578, 581 (N.D. 1994); State v. Graven, 530 N.W.2d 328, 329 (N.D. 1995). The trial court's determination on this issue is supported by the record evidence.
[¶ 13] Other cases have involved the stopping officers' own observations of illegal activity. See State v. Hawley, 540 N.W.2d 390 (N.D. 1995) [officer observed car parked on off-ramp]; State v. Graven, 530 N.W.2d 328 (N.D. 1995) [officer observed vehicle swerving in and out of lane]; Wolf v. N.D. Dept. of Transp., 523 N.W.2d 545 (N.D. 1994) [officer heard excessively loud engine]; State v. Smith, 452 N.W.2d 86 (N.D. 1990) [beer bottles around car, suspicion of open-bottle violation]; State v. Placek, 386 N.W.2d 36 (N.D. 1986) [rear lights not operating]. [¶ 14] In the present case, we have neither information from another officer nor the arresting officer's own observations or information which provide reasonable and articulable suspicion to stop based on the identification of Deseth as the driver.
For a valid investigative stop of a vehicle, an officer must have a reasonable and articulable suspicion the motorist has violated or is violating the law. State v. Graven, 530 N.W.2d 328, 330 (N.D. 1995). The trier of fact must use an objective standard and determine whether or not a reasonable person in the officer's position would be justified by some objective manifestation to suspect the defendant was, or was about to be, engaged in criminal activity.
[¶ 11] Section 44-08-20(3), N.D.C.C., authorizes peace officers responding to requests from other law enforcement agencies to provide aid and assistance outside their normal jurisdiction. See State v. Graven, 530 N.W.2d 328 (N.D. 1995); Beilke. Section 44-08-20(3), N.D.C.C., gives "[p]eace officers employed by a law enforcement agency within the state the power of a peace officer" to respond to requests from other law enforcement agencies or officers for aid and assistance of a particular and singular violation or suspicion of violation of law. Under N.D.C.C. § 29-06-02, a peace officer has authority to make an arrest with or without a warrant.