dissenting.
[¶ 25] Because the majority misapplies the law, I respectfully dissent.
[¶ 26] We affirm factual findings in preliminary proceedings unless they are not supported by sufficient competent evidence or they are contrary to the manifest weight of the evidence. City of Fargo v. Thompson, 520 N.W.2d 578, 581 (N.D. 1994). We do not make our own factual findings. Lock v. Moore, 541 N.W.2d 84, 86 (N.D.1995).
[¶ 27] Whether the facts support a reasonable and articulable suspicion is a fully reviewable question of law. City of Fargo *250v. Ovind, 1998 ND 69, ¶ 6, 575 N.W.2d 901. In determining whether a reasonable suspicion exists, we apply an objective standard, taking into account the inferences and deductions an investigating officer would make that might elude a layperson. State v. Kenner, 1997 ND 1, ¶ 8, 559 N.W.2d 538. We are to consider the totality of the circumstances in deciding whether reasonable suspicion exists. Ovind, at ¶ 8.
[¶ 28] The majority, at ¶¶ 15-21, instead of considering the totality of the circumstances, parses the circumstances. The majority, at ¶ 20, injects “facts” of its own. And, the majority, at ¶ 18, e.g., applies a standard more akin to probable cause to test whether there was reasonable suspicion.
[¶ 29] At 3:24 in the morning, a law enforcement officer stopped Fields for driving with expired motor vehicle license tags. The officer knew that Fields had been arrested for drug dealing the previous month. The officer knew the Metro Area Narcotic’s Task Force had reported that Fields had recently received a drug shipment and that a confidential informant had reported Fields continued to deal drugs. Fields was acting nervous and gave what the officer considered to be an implausible story, claiming he had gone out to buy milk at 3 o’clock in the morning. Given these circumstances, would a reasonable officer be reasonably suspicious? I believe a reasonable officer would be.
[¶ 30] Would a reasonable officer reasonably think Fields was giving an implausible story and acting nervous because his drugs were stashed at a different location? Or would a reasonable officer — exercising common sense and professional expertise — reasonably suspect Fields was giving an implausible story and acting nervous because the drugs were present at the scene? I believe a reasonable officer would believe the latter.
[¶ 31] I would reverse the district court’s order suppressing the drugs seized after subsequent probable cause led to a search.
[¶ 32]DALE SANDSTROM, J.