City of St. Paul v. Roberts

Supreme Court of Minnesota

City of St. Paul v. Roberts

220 N.W.2d 494, 300 Minn. 457, 1974 Minn. LEXIS 1363

CourtSupreme Court of Minnesota

DecidedJuly 26, 1974

DocketNo. 44986

StatusPublished

This text of 220 N.W.2d 494 (City of St. Paul v. Roberts) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of St. Paul v. Roberts, 220 N.W.2d 494, 300 Minn. 457, 1974 Minn. LEXIS 1363 (Mich. 1974).

Pincite

Opinion

Pee Cueiam.

This is an appeal by the city of St. Paul from an order of the St. Paul municipal court suppressing evidence in certain ordinance prosecutions and dismissing these prosecutions. The issue which this appeal undertakes to raise is whether police officers have statutory and constitutional authority to stop vehicles for license checks absent suspicious circumstances. We do not reach this issue, however, for it is clear that the city does not have statutory authority to pursue this appeal since the order appealed from was entered after jeopardy had attached. Minn. St. 632.11, subd. 2, prohibits appeals by the prosecution after jeopardy has attached and does not make any exceptions for cases involving waiver of jeopardy.

Appeal dismissed. Defendant awarded attorneys fees in amount of $300 pursuant to Minn. St. 632.13 (8).

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Pee Cueiam.

This is an appeal by the city of St. Paul from an order of the St. Paul municipal court suppressing evidence in certain ordinance prosecutions and dismissing these prosecutions. The issue which this appeal undertakes to raise is whether police officers have statutory and constitutional authority to stop vehicles for license checks absent suspicious circumstances. We do not reach this issue, however, for it is clear that the city does not have statutory authority to pursue this appeal since the order appealed from was entered after jeopardy had attached. Minn. St. 632.11, subd. 2, prohibits appeals by the prosecution after jeopardy has attached and does not make any exceptions for cases involving waiver of jeopardy.

Appeal dismissed. Defendant awarded attorneys fees in amount of $300 pursuant to Minn. St. 632.13 (8).

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Bluebook (online)

220 N.W.2d 494, 300 Minn. 457, 1974 Minn. LEXIS 1363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-st-paul-v-roberts-minn-1974.